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Can the Office deny a request to reopen prosecution under § 41.39(b)(1) when appellant files a reply in compliance with § 1.111 in response to a new ground of rejection in an examiner’s answer?

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Can the Office deny a request to reopen prosecution under § 41.39(b)(1) when appellant files a reply in compliance with § 1.111 in response to a new ground of rejection in an examiner’s answer?

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No, if appellant files a reply in compliance with § 1.111 in response to an examiner’s answer that contains a new ground of rejection, the examiner must reopen the prosecution by entering and considering the reply.

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