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?
Example 1: The rejection under 35 USC 103 over A in view of B. The brief argues that element 4 of reference B cannot be combined with reference A as it would destroy the function performed by reference A. The reply brief argues that B is nonanalogous and therefore the two references cannot be combined. Example 2: Same rejection as Example 1. The brief argues only that the pump means of claim 1 is not taught in the applied prior art. The reply brief argues that the particular retaining means of claim 1 is not taught in the prior art.
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?
- 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?
- Does the examiner have to enter a reply brief that is filed in compliance with § 41.41?
