mpep.io

12.286Dismissal Following A Substitute Examiner’s Answer Written in Response to a Remand for Further Consideration of a Rejection

Appellant failed to timely respond to the substitute examiner’s answer mailed on [1] that was written in response to a remand by the Board for further consideration of a rejection. Under 37 CFR 41.50(a)(2) , appellant must, within two months from the date of the substitute examiner’s answer, file either: (1) a request that prosecution be reopened by filing a reply under 37 CFR 1.111 ; or (2) a request that the appeal be maintained by filing a reply brief under 37 CFR 41.41 , to avoid sua sponte dismissal of the appeal as to the claims subject to the rejection for which the Board has remanded the proceeding. In view of appellant’s failure to file a reply under 37 CFR 1.111 or a reply brief within the time period required by 37 CFR 41.50(a)(2) , the appeal as to claims [2] is dismissed, and these claims are canceled . Only claims [3] remain in the application. The appeal continues as to these remaining claims. The application will be forwarded to the Board after mailing of this communication.

Appears in