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

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When the Board of Appeal raises a new ground of rejection, it is essential for the applicant to address that concern in order to potentially move forward with their application. Option B, requesting a review of the new ground by the Board or the Examiner, is the correct approach because it formally engages the decision-makers in evaluating the new grounds presented. This request allows the applicant to explain why they believe the rejection may not be appropriate, possibly providing additional evidence or argumentation in support of their claims.

Engaging with the Board upon the introduction of a new ground can lead to clarifications or revisions that might favorably influence the outcome of the application process. It ensures that the applicant's position is fully considered and can lead to a productive discussion that could resolve issues from the new ground of rejection.

In contrast, simply ignoring the ground, resubmitting the same claims, or filing a new application would not adequately address the concerns raised by the Board. These actions would fail to engage with the specifics of the rejection and could result in an unfavorable outcome, potentially prolonging the prosecution process or leading to unnecessary complications.

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