What happens after the examiner acknowledges a rebuttal brief?

After the examiner acknowledges a rebuttal brief, the following occurs:

1. No further response from the examiner is typically required.
2. Any additional replies or comments from any party will not be considered.
3. The inter partes reexamination proceeding is forwarded to the Board for a decision on the appeal.

The MPEP provides two examples of acknowledgments by the examiner. For instance, MPEP 2679 states: “The rebuttal brief filed 1/16/2999 by patent owner appellant has been entered. No further response by the examiner is appropriate. Any further reply/comments by any party will be not be considered, and may be returned to the party that submitted it. The inter partes reexamination proceeding is being forwarded to the Board for decision on the appeal.“

To learn more:

• rebuttal brief
• inter partes reexamination
• patent appeal
• BPAI