What happens if new evidence is filed after the appeal brief in a patent application?

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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. If new evidence is filed after the appeal brief in a patent application, the examiner must determine whether the evidence overcomes all rejections. According to MPEP 1206 : “If the examiner determines that the evidence overcomes all rejections, the examiner should issue a new Office action withdrawing all previous rejections and either allowing the application or setting forth new ground(s) of rejection.” If the evidence does not overcome all rejections, the examiner must consider whether to admit the evidence and, if admitted, whether to reopen prosecution or maintain the appeal. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Non-Compliant Appeal Brief Amendment Under CFR 41.33(b) MPEP 1206 Permitted Amendments Before Filing Appeal Brief MPEP 1206 Permitted Permitted Amendments After Filing Appeal Brief MPEP 1206 Permitted Examiner Must Explain Amendment's Effect on Rejections MPEP 1206 Timing of Amendments After Non-Compliant Briefs MPEP 1206 Amendment Under CFR 41.33(b) Post Non-Compliant Brief MPEP 1206 Examiner May Allow Application Based on Clear Affidavit Evidence MPEP 1206 Permitted Amendments Before Appeal Notice MPEP 1206 Amendment After Non-Compliant Brief MPEP 1206 Examiner Cannot Consider Post-Jurisdiction Evidence MPEP 1206 Recommended Other Related FAQs 5 FAQs Collapse Can I submit an affidavit or declaration after an appeal has been filed? How does adopting examiner suggestions in an amendment affect the appeal process? Can affidavits or other evidence be submitted after filing an appeal brief? How are affidavits or other evidence treated when filed after a notice of appeal? What happens if an amendment is filed after the date the appeal brief i...