When does changing the statutory basis of rejection not constitute a new ground?
Changing the statutory basis of rejection does not always constitute a new ground of rejection. According to MPEP 1207.03(a), there are situations where such changes are not considered new grounds: 1. Changing from 35 U.S.C. 103 to 35 U.S.C. 102, but relying on the same teachings: “If the examiner’s answer changes the statutory basis of…
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