¶ 26.60 No New Ground of Rejection; No New Finding of Patentability
(12) No new ground of rejection; no new finding of patentability
This examiner’s answer does not contain any new ground of rejection. This examiner’s answer does not contain any new finding of patentability (i.e., no new determination of inapplicability of a proposed rejection).
Examiner Note:
An examiner’s answer may not include a new ground of rejection. See 37 CFR 41.69 (b). An examiner’s answer also may not include a new determination not to make a proposed rejection. See 37 CFR 41.69 (c). If a new ground of rejection or new determination not to make a proposed rejection is made, prosecution must be reopened. See 37 CFR 41.69 (d). See also MPEP § 2677.