What is an Examiner’s Answer in patent reexamination proceedings?

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 provided by the primary examiner to an appeal brief in a patent reexamination proceeding. According to MPEP § 2275, “The primary examiner may, within such time as may be directed by the Director, furnish a written answer to the appeal brief.” The Examiner’s Answer addresses the arguments presented in the appeal brief and may include new grounds of rejection if approved by the Director.