Does the examiner have to enter a reply brief that is filed in compliance with § 41.41?
Yes, § 41.43 provides that the primary examiner must acknowledge receipt and entry of the reply brief (which is the same procedure as in the former § 1.193(b)(1)). A reply brief that is not filed in compliance with § 41.41(a) (e.g., the reply brief is not timely filed within two months from the date of the examiner’s answer or it includes a new or non-entered amendment), however, will not be considered. The examiner will notify the appellant that the reply brief is non-compliant.
Related Questions
- What are some examples of a new issue raised in a reply brief which would provide the examiner the option to file a supplemental examiners answer?
- Would the Office accept an appeal brief filed before the effective date of September 13, 2004 that is in compliance with § 41.37(c)?
- Does the examiner have to enter a reply brief that is filed in compliance with § 41.41?
