What happens after a reply brief is filed in response to an Examiner’s Answer?

After a reply brief is filed in response to an Examiner’s Answer, the jurisdiction over the appeal passes to the Board. According to MPEP § 2275:

“After receipt of a reply brief in compliance with 37 CFR 41.41 or the expiration of the time in which to file such a reply brief (37 CFR 41.35), jurisdiction over the appeal passes to the Board.”

Typically, the examiner does not need to acknowledge the reply brief and will not have an opportunity for further comment before the Board makes a decision. However, there are exceptions:

• The Board may remand the appeal to the examiner to furnish a substitute examiner’s answer.
• The Director may remand the proceeding under 37 CFR 41.35(c), such as when there has been a change in law requiring consideration of a new ground of rejection.

To learn more:

• Reply Brief
• Examiner’s Answer
• Patent Appeal
• USPTO