What happens if an appeal brief doesn’t address all grounds of rejection?
If an appeal brief fails to address all grounds of rejection stated by the examiner, it can have serious consequences. According to MPEP 1205.02: “If a ground of rejection stated by the examiner is not addressed in the appellant’s brief, appellant has waived any challenge to that ground of rejection and the Board may summarily…
Read MoreHow does changing the statutory basis affect grounds of rejection?
Changing the statutory basis of a rejection from one section of the statute to another typically constitutes 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…
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