A. If the examiner’s answer contains any new grounds of rejection, the reply brief should either: (1) request the appeal be maintained; or (2) request that prosecution be reopened.
When an appellant requests the appeal be maintained, the reply brief must address each new ground of rejection. The reply brief cannot include any claim amendments, affidavits, or other evidence.
When an appellant requests that prosecution be reopened, an appellant may file claim amendments, affidavits, or evidence responsive to the new ground(s) of rejection.