37 CFR 41.41 — Reply brief
Ninth Edition, Revision 01.2024
- (a) Timing. Appellant may file only a single reply brief to an examiner’s answer within the later of two months from the date of either the examiner’s answer, or a decision refusing to grant a petition under § 1.181 of this title to designate a new ground of rejection in an examiner’s answer.
- (b)
Content.
- (1) A reply brief shall not include any new or non-admitted amendment, or any new or non-admitted affidavit or other Evidence. See § 1.116 of this title for amendments, affidavits or other evidence filed after final action but before or on the same date of filing an appeal and § 41.33 for amendments, affidavits or other Evidence filed after the date of filing the appeal.
- (2) Any argument raised in the reply brief which was not raised in the appeal brief, or is not responsive to an argument raised in the examiner’s answer, including any designated new ground of rejection, will not be considered by the Board for purposes of the present appeal, unless good cause is shown.
- (c) Extensions of time. Extensions of time under § 1.136(a) of this title for patent applications are not applicable to the time period set forth in this section. See § 1.136(b) of this title for extensions of time to reply for patent applications and § 1.550(c) of this title for extensions of time to reply for ex parte reexamination proceedings.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; paras. (a) and (b) revised and heading added to (c), 76 FR 72270, Nov. 22, 2011, effective Jan. 23, 2012]
Cited authority
Cited by
- 1002.02(j) Petitions Decided by the Patent Trial and Appeal Board
- 1203 Administrative Handling
- 1205 Appeal Brief
- 1207 Examiner’s Answer
- 1207.02 Contents of Examiner’s Answer
- 1207.03(b) Petition to Designate a New Ground of Rejection and to Reopen Prosecution
- 1207.03(c) Appellant's Reply to New Grounds of Rejection
- 1207.05 Substitute Examiner’s Answer
- 1208 Reply Briefs and Fee for Forwarding Appeal
- 1210 Actions Subsequent to Examiner’s Answer but Before Board’s Decision
- 1211.01 Remand by Board for Further Consideration of Rejection
- 1213 Decision by Board
- 1214.03 Rehearing
- 1215.04 Dismissal of Appeal
- 2265 Extension of Time
- 2274 Appeal Brief
- 2275 Examiner’s Answer
- 706.07(h) Request for Continued Examination (RCE) Practice
- 710.02 Shortened Statutory Period and Time Limit Actions Computed
- 710.02(e) Extension of Time
- 37 CFR 1.114 Request for continued examination
- 37 CFR 1.136 Extensions of time
- 37 CFR 41.4 Timeliness
- 37 CFR 41.35 Jurisdiction over appeal
- 37 CFR 41.37 Appeal brief
- 37 CFR 41.39 Examiner’s answer
- 37 CFR 41.40 Tolling of time period to file a reply brief
- 37 CFR 41.50 Decisions and other actions by the Board
- 37 CFR 41.52 Rehearing