What 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”…
Read MoreWhat is the “basic thrust of the rejection” in patent appeals?
The “basic thrust of the rejection” is a crucial concept in determining whether a new ground of rejection has been introduced in patent appeals. According to MPEP 1207.03(a): “A position or rationale that changes the “basic thrust of the rejection” will give rise to a new ground of rejection.” The basic thrust of the rejection…
Read More