Can an appellant choose not to argue certain claim rejections?
Yes, an appellant can choose not to present arguments for certain claim rejections during a patent appeal. However, it’s important to note that, as stated in MPEP 1215.03, “such arguments and evidence are waived for purposes of the appeal and the Board may summarily sustain any grounds of rejections not argued.” This means that if you don’t argue against a rejection, the Board might uphold that rejection without further consideration.
For more information on how the Board handles unanswered rejections, refer to MPEP 1205.02 and MPEP 1214.05.
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