How does adopting examiner suggestions in an amendment affect the appeal process?

Adopting examiner suggestions in an amendment can positively affect the appeal process. MPEP 1206 states:

“The examiner may enter an amendment filed after the date the appeal brief is filed to… adopt examiner suggestions.”

Here’s how it affects the process:

1. The applicant submits an amendment adopting examiner suggestions.
2. The examiner is more likely to enter such an amendment.
3. If entered, it may resolve issues and potentially simplify or eliminate the need for appeal.
4. The examiner must issue a supplemental examiner’s answer if new issues are raised.
5. The applicant can then file a reply brief addressing any remaining issues.

Adopting examiner suggestions can demonstrate a willingness to cooperate and may lead to a more favorable outcome in the appeal process or even avoid the need for an appeal altogether.

To learn more:

• examiner suggestions
• amendments
• appeal process
• supplemental examiner’s answer