How does a substitute examiner’s answer affect a patent appeal?
A substitute examiner’s answer can significantly impact a patent appeal. MPEP 1215.03 states: “If appellant fails to respond to a substitute examiner’s answer that is written in response to a remand by the Board for further consideration of a rejection under 37 CFR 41.50(a) by either filing a reply brief or a reply under 37…
Read MoreWhat happens if an appellant doesn’t respond to a new ground of rejection in an examiner’s answer?
If an appellant fails to respond to a new ground of rejection made in an examiner’s answer, there are serious consequences. According to MPEP 1215.03: “If appellant fails to respond to a new ground of rejection made in an examiner’s answer by either filing a reply brief or a reply under 37 CFR 1.111 within…
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