Can a Supervisory Patent Examiner approve reopening prosecution after an appeal brief has been filed?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a Supervisory Patent Examiner has the authority to approve reopening prosecution after an appeal brief has been filed. This is specifically mentioned in the MPEP:

“Approval of reopening prosecution after the filing of an appeal brief in order to incorporate any new ground of rejection, MPEP § 1207.04.”

This provision allows for the introduction of new grounds of rejection that may have been discovered or become relevant after the appeal process has begun. It ensures that all pertinent issues are addressed before the case proceeds to the Patent Trial and Appeal Board.