In terms of Appeal proceedings, what happens to the prosecution if new rejections are introduced in the Examiner’s Answer?

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When new rejections are introduced in the Examiner’s Answer during appeal proceedings, the prosecution is effectively reopened. This situation is similar to an Office Action, where the applicant is given a chance to respond to the new rejections presented by the examiner.

The rationale behind this is rooted in the principles of fairness and the applicant's right to respond to newly raised issues. Just as in situations where an Office Action introduces new grounds for rejection, the applicant is allowed to prepare and submit a response addressing these new rejections. This ensures that the applicant has an adequate opportunity to defend their claims against any additional objections the examiner may raise.

Therefore, the option indicating that prosecution is reopened aligns with the procedures set forth in the Manual of Patent Examining Procedure (MPEP), which maintains a balance between the examiner's duties and the applicant's rights during the appeal process.

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