What should an applicant do if the Board of Appeal raises a new ground of rejection?

When the Board of Appeal raises a new ground of rejection, the appropriate course of action for the applicant is to request a review of that new ground by the Board or the Examiner. This step is essential because it allows the applicant to address and respond to the newly identified issues, which may not have been considered during the previous stages of examination. By seeking a review, the applicant engages in the procedural safeguards provided by the patent system, ensuring that they have the opportunity to present arguments or amend claims in light of the new rejection.

This course of action allows for a more thorough examination of the application and demonstrates the applicant's commitment to resolving the issues raised by the Board. Additionally, addressing the new grounds promptly can potentially lead to a more favorable outcome, while also preserving the applicant's rights to appeal if necessary.

The other options present less effective or appropriate responses to this situation. Ignoring the new ground fails to address the issues raised and could lead to an unfavorable outcome or abandonment of the application. Resubmitting the same claims does not engage with the new rejection and may compound the problems. Filing a new application might complicate matters further, as it would likely not address the specific concerns raised in the current appeal, and could result in additional delays and