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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?

April 26, 2017Appellant brief Examiner ground limited PRESENT rejection reply

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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?

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Yes, appellant may include other new issues in a reply brief. Appellant is not limited to responding only to the new rejection or new issue raised in the examiner’s answer. However, new or non-admitted amendments/affidavits must not be included. 37 CFR 41.41(a)(2).