What are the main components of an Examiner’s Answer in a patent appeal?
An Examiner’s Answer in a patent appeal typically includes two main components: Grounds of Rejection to be Reviewed on Appeal: This section maintains the rejections from the final Office action, unless any have been withdrawn. Response to Argument: This section addresses the appellant’s arguments in the appeal brief. According to the MPEP, “The examiner’s answer…
Read MoreHow should an examiner respond to arguments in an appeal brief?
When responding to arguments in an appeal brief, an examiner should: Address each argument presented by the appellant Provide explanations for disagreements with appellant’s arguments Use headings and subheadings that parallel those in the appellant’s brief The MPEP provides guidance: “A statement of whether the examiner disagrees with each of the arguments of appellant in…
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