What is the process for rejecting previously allowed claims in patent examination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The process for rejecting previously allowed claims involves the following steps:

• The examiner must obtain approval from the supervisory patent examiner (SPE) before rejecting a previously allowed claim.
• The examiner should clearly explain the reasons for the rejection in the Office action.
• The applicant must be given a non-final Office action with a new ground of rejection, unless the rejection is necessitated by an IDS filed in the allowed application.

As stated in MPEP 706.04: Great care should be exercised in making such a rejection.