What is required for new grounds of rejection in an examiner’s answer?
When an examiner’s answer contains a new ground of rejection, specific requirements must be met. According to MPEP 1207.01:
“If the examiner’s answer contains a new ground of rejection, it must clearly designate the rejection as a new ground of rejection. 37 CFR 41.39 specifies that new grounds of rejection must be approved by the Director – i.e., Director of the USPTO. This authority has been delegated to the Technology Center (TC) Directors or their designee(s).”
Key requirements for new grounds of rejection:
- Clear designation as a new ground of rejection
- Approval by the Technology Center (TC) Director or designee
- Signature of the TC Director or designee on the answer
These requirements ensure proper oversight and authorization for introducing new grounds of rejection at this stage of the appeal process. For more details on new grounds of rejection, refer to MPEP § 1207.03.
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