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?
If all of the claims under appeal are subject to the new ground of rejection, the examiner should dismiss the entire appeal by following the procedure set forth in the MPEP 1215 (e.g., if no claims stand allowed, the application is considered as abandoned on the date after the reply or reply brief is due). If only some of the claims under appeal are subject to the new ground of rejection, the examiner should notify the appellant that the appeal as to the claims subject to the new ground of rejection is dismissed and the claims subject to the new ground of rejection are canceled. The dismissal of the appeal as to some of the claims on appeal operates as an authorization to cancel those claims and the appeal continues as to the remaining claims. Examiner may use the following draft form paragraph to notify the appellant: Appellant failed to respond to the examiner’s answer that includes a new ground of rejection mailed on [1]. Under 37 CFR 41.39, if an examiner’s answer contains a reject
Related Questions
- Do all remands from the Board in which the examiner introduces a supplemental examiners answer provide appellant the opportunity to have the prosecution reopened under 37 CFR 41.50?
- 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?
- 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?
