This page consolidates MPEP guidance interpreting 37 CFR § 41.41, including 53 rules 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.

Summary

The Patent Examining Corps handles appeal briefs and amendments after a final rejection, managing the process from reply brief filings to jurisdiction transfers to the Board.

What this section covers

• This section covers the handling of appeal briefs by the Patent Examining Corps after a final rejection, including filing requirements and jurisdiction transfer processes.

Key obligations

• Practitioners must file a reply brief in compliance with 37 CFR 41.41 after final rejection to maintain jurisdiction over the appeal.
• The reply brief cannot include new amendments or affidavits, and must address each ground of rejection set forth in the substitute examiner’s answer.
• Filing a reply brief under 37 CFR 41.41 or the expiration of time to file such a reply transfers jurisdiction over the appeal to the Board.

Practice notes

• Ensure timely submission of the reply brief to avoid delays and ensure compliance with 37 CFR 41.41.
• Avoid including new amendments or affidavits in the reply brief to prevent jurisdiction transfer to the Board.

Related Provisions

• 37 CFR § 1.181
• 37 CFR § 41.40
• 37 CFR § 41.50
• 37 CFR § 1.111
• 37 CFR § 41.35

Based on MPEP Last Modified: 10/30/2024 08:50:22