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.
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