What should be included in a reply brief addressing a new ground of rejection?

When filing a reply brief to address a new ground of rejection, MPEP 1207.03(c) outlines specific requirements: Identification page: Include appellant’s name(s), application number, filing date, invention title, examiner’s name and art unit, and the title “Reply Brief”. Argument page(s): Address each new ground of rejection in compliance with 37 CFR 41.37(c)(1)(vii). The reply brief…

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What are the appellant’s options when an Examiner’s Answer includes new grounds of rejection?

When an Examiner’s Answer includes new grounds of rejection, the appellant has two main options: Reopen prosecution: File a reply under 37 CFR 1.111 within two months of the Examiner’s Answer. Maintain the appeal: File a reply brief under 37 CFR 41.41 within two months of the Examiner’s Answer. The MPEP provides specific guidance: “Accordingly,…

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What options does an appellant have if a new ground of rejection is designated in an Examiner’s Answer?

When a new ground of rejection is designated in an Examiner’s Answer, the appellant has two options according to MPEP 1207.03: Reopen prosecution: The appellant can request that prosecution be reopened before the primary examiner by filing a reply under 37 CFR 1.111 within two months from the mailing of the Examiner’s Answer. Maintain the…

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What happens if a supplemental amendment is filed after the reply brief in an application on appeal?

According to MPEP 714.03(a), if a supplemental amendment is filed after the reply brief in an application on appeal, the examiner must respond to the supplemental amendment: If a supplemental amendment is filed after the reply brief in an application on appeal, the examiner must respond to the supplemental amendment. The examiner’s response can take…

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