Can amendments be submitted with a reply brief in response to a new ground of rejection?
No, amendments cannot be submitted with a reply brief in response to a new ground of rejection. According to MPEP 1207.03(c):
“A reply brief may not be accompanied by any amendment, affidavit (§§ 1.130, 1.131 or 1.132 of this of this title) or other Evidence. If a reply brief filed pursuant to this section is accompanied by any amendment, affidavit or other Evidence, it shall be treated as a request that prosecution be reopened before the primary examiner under paragraph (b)(1) of this section.”
This means that if you attempt to submit amendments or evidence with your reply brief, it will automatically be treated as a request to reopen prosecution rather than a continuation of the appeal.
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