¶ 26.66.01 Defective Amended Rebuttal Brief-No Opportunity to Correct
A rebuttal brief must (1) clearly identify each issue and (2) point out where the issue was raised in the examiner’s answer and/or in the respondent brief. In addition, the rebuttal brief must be limited to issues raised in the examiner’s answer or in the respondent brief. The amended rebuttal brief of Appellant [1] is defective because [2].
The original and amended rebuttal briefs have been placed in the file but will not be considered. There is no opportunity to file a second amended rebuttal brief, and any such submission will be returned.
Examiner Note:
1. In bracket 1, insert the "patent owner" or the appropriate third party requester. Where there is one third party requester (the usual situation) insert "third party requester" ; where there are two or more third party requesters (a merged proceeding), insert "third party requester" followed by the name of the requester (e.g., "third party requester Smith" or "third party requester XYZ Corporation" ).
2. This form paragraph is to be used once for each defective amended rebuttal brief, to provide notification thereof. The notification letter should conclude with form paragraph 26.66.02, unless such is inappropriate for some reason.
3. For an appellant filing a defective original rebuttal brief, use form paragraph 26.66.