Can an examiner reopen prosecution after issuing an examiner’s answer?
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
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2679 - Office Treatment Of Rebuttal Brief,
Patent Law,
Patent Procedure