What are the consequences of requesting a rehearing instead of filing an amendment in response to a new ground of rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When an appellant chooses to request a rehearing under 37 CFR 41.50(b)(2) instead of…
Read MoreWhat are the consequences of introducing a new ground of rejection in an Examiner’s Answer?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Introducing a new ground of rejection in an Examiner’s Answer…
Read MoreWhat happens if a petition to designate a new ground of rejection is granted?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If a petition to designate a new ground of rejection…
Read MoreWhat happens if an appellant fails to reply to a new ground of rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 1207.03(c), if an appellant fails to timely…
Read MoreHow does citing a different portion of a reference affect the grounds of rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Citing a different portion of a reference does not always…
Read MoreWhen does changing the statutory basis of rejection not constitute a new ground?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Changing the statutory basis of rejection does not always constitute…
Read MoreHow does changing the order of references in a 35 U.S.C. 103 rejection affect the grounds of rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Changing the order of references in a 35 U.S.C. 103…
Read MoreWhat is the significance of the “basic thrust of the rejection” in determining new grounds of rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The concept of the “basic thrust of the rejection” is…
Read MoreWhat is the “basic thrust of the rejection” in patent appeals?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The “basic thrust of the rejection” is a crucial concept…
Read MoreWhat constitutes an “appropriate amendment” when responding to a new ground of rejection by the Board?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An “appropriate amendment” in response to a new ground of rejection by the Board…
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