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

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to be Reviewed on Appeal: This section maintains the rejections from the final Office action, unless any have been withdrawn.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.

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Tags: examiner's answer, office action, patent appeal, response to arguments