When does an examiner prepare an Examiner’s Answer?
According to MPEP 1207, an examiner prepares an Examiner’s Answer after two key events have occurred: An appeal brief has been filed by the applicant under 37 CFR 41.37 The examiner has considered the issues on appeal The MPEP states: “After an appeal brief under 37 CFR 41.37 has been filed and the examiner has…
Read MoreWhat is an Examiner’s Answer in patent appeals?
An Examiner’s Answer is a response prepared by a patent examiner after an applicant has filed an appeal brief. According to MPEP 1207, the examiner considers the issues on appeal and may take one of several actions, as outlined in 37 CFR 41.39. The MPEP states: “After an appeal brief under 37 CFR 41.37 has…
Read MoreWhat options does an examiner have after considering an appeal brief?
According to MPEP 1207 and 37 CFR 41.39, after considering the issues raised in an appeal brief, an examiner has several options. The MPEP states: “After an appeal brief under 37 CFR 41.37 has been filed and the examiner has considered the issues on appeal, the examiner may:” While the specific options are not listed…
Read MoreWhat actions should an examiner take following a remand?
Following a remand, the examiner should take action consistent with the remand order. MPEP 1211 provides guidance: “Following the remand, the examiner should take action consistent with the remand order. In the absence of other guidance in the remand order, the examiner should take an action described in MPEP § 1207.” This may include issuing…
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