How does removing references from a 35 U.S.C. 103 rejection affect the grounds of rejection?
Removing one or more references from a 35 U.S.C. 103 rejection does not necessarily constitute a new ground of rejection. According to MPEP 1207.03(a): “If the examiner’s answer removes one or more references from the statement of rejection under 35 U.S.C. 103, and relies on the same teachings of the remaining references to support the…
Read MoreWhen 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…
Read MoreHow does changing the order of references in a 35 U.S.C. 103 rejection affect the grounds of rejection?
Changing the order of references in a 35 U.S.C. 103 rejection does not necessarily constitute a new ground of rejection. According to MPEP 1207.03(a): “If the examiner’s answer changes the order of references in the statement of rejection under 35 U.S.C. 103, and relies on the same teachings of those references to support the 35…
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