What is a substitute examiner’s answer in the context of a remand?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 8 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. A substitute examiner’s answer is a document prepared by the examiner in response to a remand, particularly when a new ground of rejection is to be entered. MPEP 1211 mentions: “Such a remand may require the examiner to prepare a substitute examiner’s answer to enter the new ground of rejection.” This document allows the examiner to formally present the new ground of rejection and provide the applicant with an opportunity to respond to the updated examination. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Remand for New Ground of Rejection Required MPEP 1211 Permitted Remand for New Ground of Rejection When Law Changes MPEP 1211 Permitted Director and Board Can Remand Cases to Examiners MPEP 1211 Board Remand Is Not Final For Review MPEP 1211 Appeal Jurisdiction Transferred Back to Examiner on Remand MPEP 1211 Examiner Must Act Consistently With Remand Order MPEP 1211 Recommended Examiner Must Follow MPEP §1207 After Remand MPEP 1211 Recommended Petition to Review New Ground of Rejection in Board Decision MPEP 1002.02(j) Other Related FAQs 5 FAQs Collapse Can I submit an affidavit or declaration after an appeal has been filed? What happens to affidavits filed after final rejection but before a notice of appeal? When can affidavits or declarations be considered after a notice of appeal is filed? What happens if a proposed amendment is effectively an abandonment of the appeal? What types of amendments may be remanded for consideration during an appeal?