Can an examiner reopen prosecution after issuing an examiner’s answer?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 5 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 issuing an examiner’s answer, but it is a rare occurrence and requires specific approval. According to MPEP 2679 : “ In a very rare situation, where the examiner finds that it is essential to address a rebuttal brief, the examiner must reopen prosecution. In order to reopen prosecution after an examiner’s answer, the CRU Director must approve the same in writing, at the end of the action that reopens prosecution. “ This means that reopening prosecution is an exception rather than the rule, and it requires: The examiner to determine it is essential to address the rebuttal brief Written approval from the Central Reexamination Unit (CRU) Director Related Rules from the Manual of Patent Examining Procedure 5 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2679 No Inter Partes Reexamination After September 16, 2012 MPEP 2679 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Continue Using BPAI Citation for Pre-2012 Decisions MPEP 1202 Recommended Compliance with CFR 41.37 for Post-2012 Appeals MPEP 1205.02 Required Other Related FAQs 5 FAQs Collapse When does the Central Reexamination Unit (CRU) retain jurisdiction in inter partes reexamination? What happens after the examiner acknowledges a rebuttal brief? Who is responsible for determining compliance of rebuttal briefs in inter partes reexamination? What is the process for handling rebuttal briefs in inter partes reexamination? How does 35 U.S.C. 312(a) affect the determination in inter partes reexamination?