MPEP Q&A 202: Components of Examiner’s Answer in an Appeal - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2020-07-21T14:02:19

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Question: What should an examiner’s answer in an appeal include? Answer: An examiner’s answer should include, under appropriate headings, in the order indicated, the following items: (1) Grounds of Rejection to be Reviewed on Appeal. A statement that every ground of rejection set forth in the Office action from which the appeal is taken (as modified by any advisory action and pre-appeal brief conference decision) is being maintained by the examiner except for the grounds of rejection (if any) listed under the subheading “WITHDRAWN REJECTIONS.” The examiner must treat all pending, rejected claims as being on appeal, and must maintain…


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