What is the procedure for withdrawing a final rejection to apply a new ground of rejection?
Withdrawing a final rejection to apply a new ground of rejection is a specific procedure outlined in MPEP 706.07(e). The manual states:
“Although it is permissible to withdraw a final rejection for the purpose of entering a new ground of rejection, this practice is to be limited to situations where a new reference either fully meets at least one claim or meets it except for differences which are shown to be completely obvious.”
The procedure involves:
- Identifying a new reference that fully meets at least one claim or meets it except for obvious differences
- Withdrawing the previous rejection with respect to the claim or claims involved
- Applying the new ground of rejection
It’s important to note that this practice should not be used for applying subsidiary or cumulative references. Additionally, “New grounds of rejection made in an Office action reopening prosecution after the filing of an appeal brief require the approval of the supervisory patent examiner.”
To learn more:
To learn more: