What is the time limit for responding to a substitute examiner’s answer after a Board remand?
According to MPEP § 1211.01, the appellant has TWO MONTHS from the date of the substitute examiner’s answer to respond. The MPEP states: “The appellant must within TWO MONTHS from the date of the substitute examiner’s answer exercise one of the following two options to avoid sua sponte dismissal of the appeal as to the…
Read MoreWhat is a substitute examiner’s answer in the context of a remand?
A substitute examiner’s answer is a document prepared by the examiner in response to a remand, particularly when a new ground of rejection is to be entered. MPEP 1211 mentions: “Such a remand may require the examiner to prepare a substitute examiner’s answer to enter the new ground of rejection.” This document allows the examiner…
Read MoreHow 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 are the options for responding to a substitute examiner’s answer after a Board remand?
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…
Read MoreWhat happens when the Board remands a case for further consideration of a rejection?
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…
Read MoreWho approves a substitute examiner’s answer after a Board remand?
According to MPEP § 1211.01, a substitute examiner’s answer written in response to a Board remand must be approved by a Technology Center Director or designee. The MPEP states: “A Technology Center Director or designee has approved this substitute examiner’s answer by signing below: [3]” This approval process ensures that the substitute examiner’s answer is…
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