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Do all remands from the Board in which the examiner introduces a supplemental examiner's answer provide appellant the opportunity to have the prosecution reopened under 37 CFR 41.50? FAQ No
If the examiner writes a supplemental examiner's answer responding to a new issue raised in a reply brief, and then the appellant files a second reply brief that raises another new issue, can the examiner provide a second supplemental examiner's answer to FAQ No
When may an appellant request that prosecution be reopened pursuant to § 41.50(a)(2) in response to a supplemental examiner's answer? FAQ No
What are some examples of a new issue raised in a reply brief which would provide the examiner the option to file a supplemental examiner's answer? FAQ No
Can appellant, in a reply brief, present arguments that are not limited to the new ground of rejection or new issues raised in the examiner's answer? FAQ No
Does the examiner have to enter a reply brief that is filed in compliance with § 41.41? FAQ No
If a reply brief is filed in response to an examiner's answer that includes a new ground of rejection, can the examiner provide a supplemental examiner's answer to respond to any new issue raised in the reply brief? Can the appellant request that prosecut FAQ No
How does a Technology Center Director, or his or her designee, indicate approval of a new ground of rejection (or a supplemental examiner's answer)? FAQ No
If appellant fails to respond to an examiner's answer that contains a new ground of rejection, who would dismiss the appeal as to the claims subject to the new ground of rejection? FAQ No
If all of the claims under appeal are subject to the new ground of rejection provided in the examiner's answer and appellant fails to file a reply in compliance under § 1.111 or a reply brief within the time period set forth in § 41.39(b), FAQ No
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