What options does a patent owner have after the Board issues a new ground of rejection?

According to MPEP 2682, after the Board issues a new ground of rejection under 37 CFR 41.77(b), the patent owner has two options:

• Request rehearing based on the same record under 37 CFR 41.79(a)
• File a response requesting reopening of prosecution before the examiner, including an appropriate amendment of the newly rejected claim(s) and/or new evidence relating to the new ground(s) of rejection

The patent owner must exercise one of these options within one month from the date of the decision. Extensions of time are available under 37 CFR 1.956 for reopening prosecution, but not for requesting rehearing.

To learn more:

• new ground of rejection
• patent owner options
• Board decision
• rehearing request
• reopening prosecution