Can new evidence be submitted in a reply brief during a patent appeal?
No, new evidence is not permitted in a reply brief during a patent appeal. The MPEP 1208 clearly states:
“New or non-admitted affidavits, and/or other evidence are not permitted in a reply brief.”
Any new amendments must be submitted separately from the reply brief, and their entry is subject to the provisions of 37 CFR 41.33. It’s important to note that a paper containing an amendment is not considered a reply brief under 37 CFR 41.41 and will not be automatically entered just because it’s labeled as a reply brief.
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