¶ 7.38    Arguments Are Moot Because of New Ground of Rejection

Applicant’s arguments with respect to claim(s) [1] have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.

Examiner Note:

1. In bracket 1, insert the claim number(s).

2. The examiner must, however, address any arguments presented by the applicant which are still relevant to any references being applied.