What happens if an appellant doesn’t respond to a new ground of rejection in an examiner’s answer?
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What happens if an appellant doesn’t respond to a new ground of rejection in an examiner’s answer?
If an appellant fails to respond to a new ground of rejection made in an examiner’s answer, there are serious consequences. According to MPEP 1215.03:
“If appellant fails to respond to a new ground of rejection made in an examiner’s answer by either filing a reply brief or a reply under 37 CFR 1.111 within 2 months from the mailing of the examiner’s answer, the appeal will be sua sponte dismissed by the Board as to the claims subject to the new ground of rejection.“
This means that if you don’t respond within the specified timeframe, the Board will automatically dismiss the appeal for the claims affected by the new rejection, without you having to take any action to withdraw those claims.
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