Can a third party requester comment on a patent owner’s response to a new ground of rejection?
Yes, a third party requester can comment on a patent owner’s response to a new ground of rejection. According to MPEP 2682:
In accordance with 37 CFR 41.77(c), the third party requester may once file comments on the patent owner’s submission under 37 CFR 41.77(b)(1) within one month of the date of service of the request to reopen prosecution.
The comments must be limited to issues concerning the new ground(s) of rejection raised by the Board’s decision or the patent owner’s response. The comments may include new evidence and arguments if limited to support the new grounds of rejection by the Board, including new evidence and arguments directed towards amended or new claims if necessitated by the patent owner’s submission.
It’s important to note that the one-month time period for filing comments cannot be extended, as stated in 37 CFR 41.77(g).
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