In re Waymouth

A Board affirmance of a new matter rejection on a wholly different basis than the examiner relied upon, such as pointing to a different unsupported claim limitation, constitutes a new ground of rejection requiring an opportunity to respond.

Written by

A language model, from how the MPEP uses this case rather than from the opinion.

Confidence

high — self-reported, not calibrated against a measured error rate

Human review

Not reviewed by a person

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