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Title 37: Patents, Trademarks, and Copyrights
CHAPTER I: UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
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Subpart B: Ex Parte Appeals
41.41 - Reply brief.
Link to an amendment published at 73 FR 32975, June 10, 2008.
Per final rule published at 73 FR 74972, December 10, 2008, the effective date of the above June 10, 2008 amendment is delayed.
(a)(1) Appellant may file a reply brief to an examiner's answer within two months from the date of the examiner's answer.
(2) 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.
(b) A reply brief that is not in compliance with paragraph (a) of this section will not be considered. Appellant will be notified if a reply brief is not in compliance with paragraph (a) of this section.
(c) 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.
Effective Date Note:
At 73 FR 32975, June 10, 2008, ? 41.41 was revised, effective December 10, 2008. Per a subsequent final rule published at 73 FR 74972, Dec. 10, 2008, the effective date of this rule was delayed indefinitely.
For the convenience of the user, the revised text is set forth as follows:
? 41.41
Reply brief.
(a) Reply brief authorized. An appellant may file a single reply brief responding to the points made in the examiner's answer.
(b) Time for filing reply brief. If the appellant elects to file a reply brief, the reply brief must be filed within two months of the date of the mailing of the examiner's answer.
(c) Extension of time to file reply brief. A request for an extension of time to file a reply brief shall be presented as a petition under ? 41.3 of this part.
(d) Content of reply brief. Except as otherwise set out in this section, the form and content of a reply brief are governed by the requirements for an appeal brief as set out in ? 41.37 of this subpart. A reply brief may not exceed 20 pages, excluding any table of contents, table of authorities, and signature block, required by this section. A request to exceed the page limit shall be made by petition under ? 41.3 of this part and filed at least ten calendar days before the reply brief is due. A reply brief must contain, under appropriate headings and in the order indicated, the following items:
(1) Table of contents?see ? 41.37(i) of this subpart.
(2) Table of authorities?see ? 41.37(j) of this subpart.
(3) [Reserved]
(4) Statement of additional facts?see paragraph (f) of this section.
(5) Argument?see paragraph (g) of this section.
(e) [Reserved]
(f) Statement of additional facts. The ?statement of additional facts? shall consist of a statement of the additional facts that appellant believes are necessary to address the points raised in the examiner's answer and, as to each fact, must identify the point raised in the examiner's answer to which the fact relates.
(g) Argument. Any arguments raised in the reply brief which are not responsive to points made in the examiner's answer will not be considered and will be treated as waived.
(h) [Reserved]
(i) No amendment or new evidence. No amendment or new evidence may accompany a reply brief.
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