When responding to a substitute examiner’s answer after a Board remand, an appellant has two main options according to MPEP § 1211.01: Reopen prosecution: “Request that prosecution be reopened before the examiner by filing a reply under 37 CFR 1.111 with or without amendment or submission of affidavits (37 CFR 1.131(a), 37 CFR 1.131(c) or…

When the Board remands a case for further consideration of a rejection, the examiner may write a substitute examiner’s answer. According to MPEP § 1211.01, “A substitute examiner’s answer written in response to a remand by the Board for consideration of a rejection pursuant to 37 CFR 41.50(a)(1) may set forth a new ground of…