41.41    Reply brief.

    • (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.

[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]