What is the time limit for filing a reply brief in a patent appeal?
According to MPEP 1208, an appellant may file a single reply brief “within the later of two months from the date of either the examiner’s answer, or a decision refusing to grant a petition under 37 CFR 1.181 to designate a new ground of rejection in an examiner’s answer.” The MPEP states:
“Under 37 CFR 41.41(a)(1) , appellant may file a single reply brief as a matter of right within the later of two months from the date of either the examiner’s answer, or a decision refusing to grant a petition under 37 CFR 1.181 to designate a new ground of rejection in an examiner’s answer.”
Extensions of time may be granted under certain circumstances, but are not permitted under 37 CFR 1.136(a).
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