Law - Response To New Ground of Rejection By Board
During the appeal process, the Board of Patent Appeals and Interferences may find a new ground (reason) for rejecting a claim that was previously rejected on a different ground by the Examiner. In this situation, the appellant has two options: he/she can file a request for reconsideration by the Board or (2) he/she can submit an amendment and/or showing of facts to the Examiner. If a request for reconsideration is filed, the applicant waives his or her right to further prosecution before the Examiner. A request for reconsideration must be filed within 1 month of the mailing date of the Board's decision. A submission of an amendment or a showing of facts must be filed within 2 months of the date of mailing of the Board's decision, unless a different period for response is set in the Board's decision.