What options does an examiner have after considering an appeal brief?
According to MPEP 1207 and 37 CFR 41.39, after considering the issues raised in an appeal brief, an examiner has several options. The MPEP states: “After an appeal brief under 37 CFR 41.37 has been filed and the examiner has considered the issues on appeal, the examiner may:”
While the specific options are not listed in the provided excerpt, typically, the examiner may:
- Prepare an Examiner’s Answer addressing the issues raised in the appeal brief
- Reopen prosecution if they believe that a new ground of rejection is necessary
- Allow the application if they are persuaded by the arguments in the appeal brief
The exact course of action depends on the examiner’s evaluation of the appeal brief and the merits of the case.
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