Can I file an appeal brief before receiving the examiner’s answer in a patent application?
Yes, you can file an appeal brief before receiving the examiner’s answer in a patent application. In fact, the appeal brief must be filed within the specified time period regardless of whether the examiner’s answer has been issued.
According to MPEP 1205.01:
“The time for filing an appeal brief is two months from the date of filing of the notice of appeal.”
This time period is set independently of the examiner’s answer. The examiner’s answer typically comes after the appeal brief has been filed. If you’re considering filing an appeal, it’s crucial to adhere to the appeal brief deadline to maintain your appeal rights, regardless of the status of the examiner’s answer.
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