Can an examiner reject a claim that was allowed in a parent application?
Yes, an examiner can reject a claim that was allowed in a parent application. The MPEP 706.04 states:
“Where the examiner determines that a claim that was previously allowed is unpatentable, the claim may be rejected in the next Office action, whether that action is a first or subsequent action on a continuation or divisional application.”
This means that even if a claim was allowed in a parent application, it can still be rejected in a continuation or divisional application if the examiner finds it to be unpatentable. This could happen due to various reasons, such as:
- Discovery of new prior art
- Reconsideration of previously cited art
- Changes in patent law or examination guidelines
- Errors in the previous examination
It’s important for applicants to understand that allowance in a parent application does not guarantee allowance in subsequent related applications.
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