How can an appellant respond to new grounds of rejection in an Examiner’s Answer?
When an Examiner’s Answer contains new grounds of rejection, the appellant has two options to respond within two months from the date of the Examiner’s Answer. According to MPEP § 2275, these options are: Reopen prosecution: The appellant can request that prosecution be reopened before the primary examiner by filing a reply under 37 CFR…
Read MoreAre extensions of time available for responding to an Examiner’s Answer in patent reexamination?
Extensions of time for responding to an Examiner’s Answer in patent reexamination proceedings are available, but they are subject to specific rules. According to MPEP § 2275: “Extensions of time under § 1.136(a) of this title for patent applications are not applicable to the time period set forth in this section. See § 1.136(b) of…
Read MoreWhat is an Examiner’s Answer in patent reexamination proceedings?
An Examiner’s Answer is a written response provided by the primary examiner to an appeal brief in a patent reexamination proceeding. According to MPEP § 2275, “The primary examiner may, within such time as may be directed by the Director, furnish a written answer to the appeal brief.” The Examiner’s Answer addresses the arguments presented…
Read MoreWhat 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),…
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