What is an examiner’s answer in an inter partes reexamination proceeding?

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.

An examiner’s answer is a written response prepared by the primary examiner in an inter partes reexamination proceeding. It addresses the arguments presented in the appellant’s and/or requester’s briefs. According to MPEP 2677, the examiner’s answer should include:

• An explanation of the invention claimed and references relied upon
• Grounds of rejection
• Reasons for patentability
• Responses to allegations or arguments made in all briefs

The examiner’s answer is typically completed within two weeks after the appeal conference and is reviewed by the CRU Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS) before being forwarded to the parties involved.