What is the time limit for responding to a new ground of rejection by the Board?
The time limit for responding to a new ground of rejection by the Board is 2 months from the date of the Board’s decision. This applies to both options of submitting an amendment/new evidence or requesting a rehearing.
The MPEP explicitly states: “The amendment and/or new evidence under 37 CFR 41.50(b)(1), or the request for rehearing under 37 CFR 41.50(b)(2), must be filed within 2 months from the date of the Board’s decision.“
It’s important to note that this 2-month period is generally not extendable. The MPEP clarifies: “In accordance with 37 CFR 41.50(f), this 2-month time period may not be extended by the filing of a petition and fee under 37 CFR 1.136(a), but only under the provisions of 37 CFR 1.136(b), or under 37 CFR 1.550(c) if the appeal involves an ex parte reexamination proceeding.“
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