Can relying on a new portion of a reference create a new ground of rejection?
Yes, relying on a new portion of a reference can create a new ground of rejection in patent appeals. The MPEP 1207.03(a) states: “Factual situations that have been found to constitute a new ground of rejection include… Citing new structure from a prior art reference to support an existing rejection.” This means that if an…
Read MoreHow does a new interpretation of claims affect grounds of rejection?
A new interpretation of claims can lead to a new ground of rejection in patent appeals. According to MPEP 1207.03(a): “Factual situations that have been found to constitute a new ground of rejection include… Changing the statutory basis of rejection from one section of the statute to another section… [or] Citing new structure from a…
Read MoreWhat constitutes a new ground of rejection in patent appeals?
A new ground of rejection in patent appeals occurs when the basic thrust of the rejection changes. According to MPEP 1207.03(a), this happens when: The examiner relies on new facts or rationales not previously raised to the applicant The rejection “changes the statutory basis of rejection from one section of the statute to another section”…
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