Can an examiner reopen prosecution after an appeal brief is filed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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, an examiner can reopen prosecution after an appeal brief is filed under certain circumstances. The MPEP 1206 states: “If the examiner decides to reopen prosecution to enter the new ground of rejection, the examiner must withdraw the appeal by issuing a new Office action that includes the new ground of rejection.” This typically occurs when new evidence is submitted or when the examiner identifies new grounds for rejection. The reopening of prosecution allows for a thorough examination of the new information or issues before proceeding with the appeal process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Non-Compliant Appeal Brief Amendment Under CFR 41.33(b) MPEP 1206 Permitted Amendments Before Filing Appeal Brief MPEP 1206 Permitted Permitted Amendments After Filing Appeal Brief MPEP 1206 Permitted Examiner Must Explain Amendment's Effect on Rejections MPEP 1206 Amendments Before Appeal Notice MPEP 1206 Consideration of Post-Appeal IDS Based on MPEP §609 and CFR 1.97-1.98 MPEP 1206 Amendment Under CFR 41.33(b) Post Non-Compliant Brief MPEP 1206 Amendment After Non-Compliant Brief Under CFR 41.33(b) MPEP 1206 Amendment After Non-Compliant Brief MPEP 1206 Evidence Treated as Pre-Notice of Appeal MPEP 1206 Other Related FAQs 5 FAQs Collapse Can I submit an affidavit or declaration after an appeal has been filed? How does adopting examiner suggestions in an amendment affect the appeal process? Can affidavits or other evidence be submitted after filing an appeal brief? How are affidavits or other evidence treated when filed after a notice of appeal? What happens if an amendment is filed after the date the appeal brief is filed?