CFR > Title 37 - Patents, Trademarks, and Copyrights > CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE > PART 41—PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES > SUBPART B—Ex Parte Appeals (§41.30 to §41.56) > 41.43—Examiner's response to reply brief.

41.43—Examiner's response to reply brief.

(a) (1) After receipt of a reply brief in compliance with § 41.41, the primary examiner must acknowledge receipt and entry of the reply brief. In addition, the primary examiner may withdraw the final rejection and reopen prosecution or may furnish a supplemental examiner's answer responding to any new issue raised in the reply brief.
(2) A supplemental examiner's answer responding to a reply brief may not include a new ground of rejection.
(b) If a supplemental examiner's answer is furnished by the examiner, appellant may file another reply brief under § 41.41 to any supplemental examiner's answer within two months from the date of the supplemental examiner's answer.
(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.

Code of Federal Regulations

Effective Date Note: At 73 FR 32976, June 10, 2008, § 41.43 was removed, effective December 10, 2008. Per a subsequent final rule published at 73 FR 74972, Dec. 10, 2008, the effective date of this action was delayed indefinitely.