Are there any exceptions to the rule against new arguments in a rehearing request?
Yes, there are specific exceptions to the general rule against new arguments in a rehearing request. According to MPEP 1214.03, the following exceptions are permitted:
- New arguments based on a recent relevant decision of either the Board or a Federal Court
- New arguments responding to a new ground of rejection designated pursuant to 37 CFR 41.50(b)
- New arguments that the Board’s decision contains an undesignated new ground of rejection
The MPEP states: “Arguments not raised in the briefs before the Board and evidence not previously relied upon in the brief and any reply brief(s) are not permitted in the request for rehearing except [in these specific cases].” This underscores the limited nature of these exceptions.
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