Can new grounds of rejection be introduced in an Examiner’s Answer?
Yes, new grounds of rejection can be introduced in an Examiner’s Answer, but they must follow specific procedures:
- New grounds of rejection must be prominently identified in the Answer.
- They require approval from a Technology Center Director or designee.
- The appellant has specific rights to respond to new grounds of rejection.
The MPEP states: “Under the subheading ‘NEW GROUNDS OF REJECTION,’ the examiner must set forth any new grounds of rejection.” Additionally, “An examiner’s answer that contains a new ground of rejection must be approved and signed by the Director (or their designee).“
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