What are the main components of an Examiner’s Answer in a patent appeal?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 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. An Examiner’s Answer in a patent appeal typically includes two main components: Grounds of Rejection to be Reviewed on Appeal: This section maintains the rejections from the final Office action, unless any have been withdrawn. Response to Argument: This section addresses the appellant’s arguments in the appeal brief. According to the MPEP, “ The examiner’s answer should include, under appropriate headings, in the order indicated, the following items: (1) Grounds of Rejection to be Reviewed on Appeal… (2) Response to Argument. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner’s Answer Must Address Appeal Brief Arguments MPEP 1207.02 Recommended Approval Required for New Grounds of Rejection MPEP 1207.01 Required Incorporation of Rejection Grounds in Examiner’s Answer MPEP 1207 Examiner Must Provide Written Response to Appeal Brief MPEP 1207 Permitted Requirement for New Ground of Rejection in Answer MPEP 1207.03(b) Prohibited Requirement for Responding to New Grounds of Rejection Without Petition MPEP 1207.03(b) Recommended New Ground of Rejection Based on Amendment or Information Disclosure Statement MPEP 1207.04 Permitted No Time Extensions for Examiner’s Answer Period MPEP 1207 List Appeal Conferees on Examiner's Answer MPEP 1207.01 Recommended Designate New Ground of Rejection Clearly MPEP 1207.01 Required Other Related FAQs 5 FAQs Collapse What is a new ground of rejection in patent examination? What constitutes a new ground of rejection in patent examination? What are examples of actions that do not constitute a new ground of rejection in an Examiner&#8217;s Answer? Can affidavits or other evidence be submitted after filing an appeal brief? How sho...