What happens if a rebuttal brief does not comply with all requirements?
MPEP 2678 outlines the process for handling non-compliant rebuttal briefs in inter partes reexamination, as specified in 37 CFR 41.71(e):
“If a rebuttal brief is timely filed under paragraph (a) of this section but does not comply with all the requirements of paragraphs (a) through (d) of this section, appellant will be notified of the reasons for non-compliance and provided with a non-extendable period of one month within which to file an amended rebuttal brief.“
If the appellant fails to file an amended rebuttal brief within the one-month period or if the amended brief still doesn’t comply, the original rebuttal brief and any amended version will not be considered. This process ensures that all rebuttal briefs meet the necessary requirements for fair and efficient review in the reexamination proceeding.
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