Can new arguments be introduced in a reply brief or oral hearing before the PTAB?

The Patent Trial and Appeal Board (PTAB) has specific rules regarding the introduction of new arguments in reply briefs and oral hearings:

1. For reply briefs: MPEP 1002.02(j) states, “Requests in a reply brief to consider a new argument not previously raised in an appeal brief or not responsive to an argument raised by the examiner. 37 CFR 41.41(b)(2).” This indicates that the PTAB decides on requests to consider new arguments in reply briefs.
2. For oral hearings: The same section mentions, “Requests in an oral hearing to rely on a new argument based upon a recent relevant decision of the Patent Trial and Appeal Board or a Federal Court. 37 CFR 41.47(e)(2).”

In both cases, the introduction of new arguments is generally not allowed unless specifically permitted by the Board. Parties must request permission to introduce new arguments, and the PTAB has the discretion to decide whether to allow them based on the circumstances and relevance of the new information.

To learn more:

• PTAB
• Patent Trial and Appeal Board
• reply briefs
• oral hearings
• new arguments