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.

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