When does an examiner prepare an Examiner’s Answer?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 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. According to MPEP 1207 , an examiner prepares an Examiner’s Answer after two key events have occurred: An appeal brief has been filed by the applicant under 37 CFR 41.37 The examiner has considered the issues on appeal 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 response to the applicant’s appeal brief and follows the examiner’s careful consideration of the appealed issues. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner’s Answer Must Address Appeal Brief Arguments MPEP 1207.02 Recommended Examiner May Reopen Prosecution Post-Decision MPEP 1207.01 Permitted Examiner Must Provide Written Response to Appeal Brief MPEP 1207 Permitted Examiner May Include New Rejection Grounds in Answer MPEP 1207 Permitted No Time Extensions for Examiner’s Answer Period MPEP 1207 List Appeal Conferees on Examiner's Answer MPEP 1207.01 Recommended Examiner Must Provide Written Response to Appellant’s Brief Within 2 Months MPEP 1207.02 Recommended Examiner May Apply New Rejection in Appeal Brief MPEP 1207.03 Recommended Permitted Examiner Actions Post-Appeal Consideration MPEP 1207 Permitted SPE Signature Required for Reopening Prosecution After Appeal MPEP 1207.04 Other Related FAQs 5 FAQs Collapse What is a new ground of rejection in patent examination? What constitutes a new ground of rejection in patent examination? What are examples of actions that do not constitute a new ground of rejection in an Examiner&#8217;s Answer? Can affidavits or other evidence be submitted after filing an appeal brief? How should examiners handle...