How does a derivation proceeding affect the examination of patent applications?

A derivation proceeding can significantly affect the examination of patent applications in several ways. As outlined in MPEP 2315, after a derivation proceeding is decided: Jurisdiction returns to the examiner. The examiner must consider any recommendations for further action. Prosecution may need to be reopened to consider recommendations or enter recommended rejections. The examiner must…

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Can a Supervisory Patent Examiner approve reopening prosecution after an appeal brief has been filed?

Yes, a Supervisory Patent Examiner has the authority to approve reopening prosecution after an appeal brief has been filed. This is specifically mentioned in the MPEP: “Approval of reopening prosecution after the filing of an appeal brief in order to incorporate any new ground of rejection, MPEP § 1207.04.” This provision allows for the introduction…

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What are the consequences of introducing a new ground of rejection in an Examiner’s Answer?

What are the consequences of introducing a new ground of rejection in an Examiner’s Answer? Introducing a new ground of rejection in an Examiner’s Answer can have significant procedural consequences: Reopening of prosecution: If the examiner designates a rejection as a new ground, prosecution must be reopened, allowing the applicant to submit a reply under…

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