What is the time limit for responding to a substitute examiner’s answer after a Board remand?
According to MPEP § 1211.01, the appellant has TWO MONTHS from the date of the substitute examiner’s answer to respond. The MPEP states:
“The appellant must within TWO MONTHS from the date of the substitute examiner’s answer exercise one of the following two options to avoid sua sponte dismissal of the appeal as to the claims subject to the rejection for which the Board has remanded the proceeding.”
It’s crucial to note that extensions of time under 37 CFR 1.136(a) are not applicable to this two-month period. However, extensions may be available under other provisions:
- 37 CFR 1.136(b) for patent applications
- 37 CFR 1.550(c) for ex parte reexamination proceedings
To learn more: