What are the content restrictions for a patent owner’s rebuttal brief?

The content restrictions for a patent owner’s rebuttal brief in an inter partes reexamination are outlined in MPEP 2678, which references 37 CFR 41.71(b):

“(1) The rebuttal brief of the owner may be directed to the examiner’s answer and/or any respondent brief.

(2) The rebuttal brief of the owner shall not include any new or non-admitted amendment, or an affidavit or other evidence.“

This means that while the patent owner can address issues raised in the examiner’s answer or any respondent brief, they cannot introduce new amendments, affidavits, or other evidence in their rebuttal brief. The rebuttal brief should focus on responding to existing arguments and evidence in the record.

To learn more:

• rebuttal brief
• patent owner
• content restrictions
• inter partes reexamination