What happens after a reply brief is filed in a patent appeal?
Once a reply brief is filed, the jurisdiction of the appeal passes to the Patent Trial and Appeal Board (PTAB). According to MPEP 1208:
“After receipt of a reply brief under 37 CFR 41.41, jurisdiction over the appeal passes to the Board. Normally, the examiner does not need to acknowledge the reply brief and will not have an opportunity for further argument prior to a decision by the Board.”
However, there is a possibility that the Board may remand the appeal to the examiner to provide a substitute examiner’s answer in response to the remand. In most cases, the next step after filing a reply brief is awaiting the Board’s decision on the appeal.
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