801.02(b)    Defendant's Main Brief

The filing of a brief on the case is optional, not mandatory, for a party in the position of defendant. [ Note 1.]

However, if a party in the position of defendant wishes to file a brief on the case, the brief is due not later than 30 days after the due date of the plaintiff's main brief. [ Note 2.] For information on extensions of time, see TBMP § 509.

NOTES:

 1.   37 CFR § 2.128(a)(1).

 2.   37 CFR § 2.128(a)(1). See also Ariola-Eurodisc Gesellschaft v. Eurotone International Ltd., 175 USPQ 250, 250 (TTAB 1972) (uncontested motion to strike brief filed three weeks after due date granted). Five-day addition under 37 CFR § 2.119(c) is not applicable.