Can new evidence be submitted in a reply brief during a patent appeal?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No New Evidence in Reply Brief MPEP 1208 No New Evidence in Reply Briefs MPEP 1208 Required No New Evidence in Reply Briefs MPEP 1208 Prohibited Amended Reply Brief Reopens Prosecution MPEP 1208 Two-Month Reply Brief Period After Petition Denial MPEP 1208 Permitted Timing for Filing Reply Brief After Petition MPEP 1208 Single Reply Brief Within Two Months MPEP 1208 Single Reply Brief Within Two Months MPEP 1208 Permitted No New Evidence in Reply Briefs MPEP 1208 Prohibited New Arguments Not Considered Without Good Cause MPEP 1208 Prohibited Other Related FAQs 4 FAQs Collapse What happens after a reply brief is filed in a patent appeal? How does filing a reply brief with an amendment affect a patent appeal? What is the time limit for filing a reply brief in a patent appeal? When is a reply brief required in a patent appeal?