What is an Examiner’s Answer in patent appeals?
An Examiner’s Answer is a response prepared by a patent examiner after an applicant has filed an appeal brief. According to MPEP 1207, the examiner considers the issues on appeal and may take one of several actions, as outlined in 37 CFR 41.39.
The MPEP states: “After an appeal brief under 37 CFR 41.37 has been filed and the examiner has considered the issues on appeal, the examiner may:” This indicates that the Examiner’s Answer is a critical step in the patent appeal process, following the applicant’s submission of an appeal brief.
To learn more: