706.07(a) discusses the fact that an action cannot be made final if a new ground of rejection is not necessitated by amendment and/or Applicant's IDS. However, it provides no information pertaining to what actually constitutes a new ground of rejection. The MPEP Appeal section; however, 1207.03(a), provides substantive guidance on what constitutes a 'new rejection' in an Examiner's Answer which appears also to be applicable to determining when a ground of rejection is 'new' pertaining to Office actions during prosecution (pre-appeal). I believe it would be greatly helpful to examiners if 706.07(a) were amended to provide a detailed explanation of what constitutes a new ground of rejection. In lieu of a detailed explanation, if applicable, 706.07(a) could possibly refer examiners to section 1207.03(a) for guidance on determining when a rejection is a 'new ground' of rejection.
Voting on Ideas
Vote for your favorite ideas by clicking on the up arrow.To undo an upvote, simply click the arrow again. This second click removes your vote.