What happens if a supplemental amendment is filed after the reply brief in an application on appeal?

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 714.03(a), if a supplemental amendment is filed after the reply brief in an application on appeal, the examiner must respond to the supplemental amendment:

If a supplemental amendment is filed after the reply brief in an application on appeal, the examiner must respond to the supplemental amendment.

The examiner’s response can take various forms depending on the content of the supplemental amendment:

• If the amendment is merely formal, it may be entered.
• If the amendment raises new issues requiring consideration or search, the examiner should not enter the amendment.
• The examiner must provide a detailed explanation of why the amendment was not entered.