What constitutes a new ground of rejection in patent examination?

While MPEP 706.07(e) discusses the withdrawal of final rejections to apply new grounds of rejection, it refers to MPEP § 1207.03 for a detailed discussion of what constitutes a new ground of rejection. The manual states:

“See MPEP § 1207.03 for a discussion of what may constitute a new ground of rejection.”

Generally, a new ground of rejection may include:

• Citing a new reference that was not previously relied upon
• Relying on a different portion of a previously cited reference
• Changing the statutory basis of the rejection
• Presenting a new factual finding or reasoning to support a rejection

It’s important to note that determining whether a rejection constitutes a new ground can be complex and depends on the specific circumstances of each case. Patent examiners and applicants should carefully review MPEP § 1207.03 for a comprehensive understanding of this topic.

To learn more:

• new ground of rejection
• MPEP 706.07(e)
• MPEP 1207.03
• patent examination process

To learn more:

• MPEP 706.07(e)
• MPEP 1207.03