What considerations should examiners and supervisors take into account when deciding to reopen prosecution?
When deciding whether to reopen prosecution or add a new ground of rejection to an examiner’s answer, examiners and their supervisors should consider several factors. According to MPEP 1207.04:
“In deciding whether to reopen prosecution or to add a new ground of rejection to an examiner’s answer where proper under MPEP § 1207.03 et seq., examiners and their supervisors should consider the degree to which the rejection previously of record is being changed, any previous reopenings after appeal brief, and the overall pendency of the application.”
These considerations help ensure that the decision to reopen prosecution is justified and does not unnecessarily delay the examination process.
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