What happens if no rebuttal brief is received within the specified time period?
According to MPEP 2678, if no rebuttal brief is received within the one-month period set in the examiner’s answer, the following process occurs:
“If no rebuttal brief is received within the one month period set in the examiner’s answer, the Central Reexamination Unit (CRU) will issue a notification letter to parties using form paragraph 26.67, and will then forward the reexamination proceeding to the Board for decision on the appeal(s).“
The notification letter informs the parties that no rebuttal brief was received and that the case is being forwarded to the Patent Trial and Appeal Board (PTAB) for a decision. This means that the opportunity for further argument has passed, and the Board will make its decision based on the existing record.
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