¶ 26.66 Defective Rebuttal Brief-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 rebuttal brief of Appellant [1] is defective because [2].
Appellant [3] is given a period of ONE MONTH from the mailing date of this examiner’s answer within which to file an amended rebuttal brief in response to this letter. Prosecution otherwise remains closed. The time for filing the amended rebuttal brief may not be extended.
If the amended rebuttal brief filed in response to the this letter does not remedy the defect or raises a new one, appellant will be so notified, but will not be given a second opportunity to file an amended rebuttal brief.
Examiner Note:
1. In brackets 1 and 3, 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 third party requester (e.g., "third party requester Smith" or "third party requester XYZ Corporation" ).
2. This form paragraph is to be used once for each appellant filing a defective original rebuttal brief, to provide notification thereof.
3. For an appellant filing a defective amended rebuttal brief, use form paragraph 26.66.01.