What happens if an appellant fails to reply to a new ground of rejection?
According to MPEP 1207.03(c), if an appellant fails to timely respond to a new ground of rejection, the consequences are severe:
“If appellant fails to timely file a reply under 37 CFR 1.111 or a reply brief in response to an examiner’s answer that contains a new ground of rejection, the appeal will be sua sponte dismissed as to the claims subject to the new ground of rejection.”
This means that the appeal will be automatically dismissed for the claims affected by the new ground of rejection. If all claims under appeal are subject to the new ground of rejection, the entire appeal will be dismissed.
To learn more: