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

When new rejections are introduced in the Examiner's Answer during appeal proceedings, the prosecution is re-opened. This is because the introduction of new rejections provides the applicant with a fresh basis for responding to the examiner's objections. Just like an Office Action, the applicant has the opportunity to address and potentially overcome these new rejections.

The rules of practice recognize that when an applicant has appealed a decision, and the examiner then presents new grounds for rejection in their answer, the applicant should have the chance to respond to these additional rejections. If the appeal were to proceed without allowing a response, it would not serve justice given that the applicant is entitled to a fair opportunity to confront and amend their application based on the examiner's latest stance.

The process makes sure that applicants have a complete understanding of the examiner’s views and can adjust their arguments or claims accordingly. This is an essential part of the procedural fairness embedded in patent law practice.