When does an examiner prepare an Examiner’s Answer?

According to MPEP 1207, an examiner prepares an Examiner’s Answer after two key events have occurred:

• An appeal brief has been filed by the applicant under 37 CFR 41.37
• The examiner has considered the issues on appeal

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:” This indicates that the Examiner’s Answer is a response to the applicant’s appeal brief and follows the examiner’s careful consideration of the appealed issues.

To learn more:

• Examiner’s Answer
• Appeal Brief
• Patent Appeal Process
• MPEP 1207
• 37 CFR 41.37