Can an examiner reopen prosecution after an appeal brief is filed?

Yes, an examiner can reopen prosecution after an appeal brief is filed under certain circumstances. The MPEP 1206 states:

“If the examiner decides to reopen prosecution to enter the new ground of rejection, the examiner must withdraw the appeal by issuing a new Office action that includes the new ground of rejection.”

This typically occurs when new evidence is submitted or when the examiner identifies new grounds for rejection. The reopening of prosecution allows for a thorough examination of the new information or issues before proceeding with the appeal process.

To learn more:

• patent appeal
• reopening prosecution
• appeal brief
• examiner action