[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR41.41]

[Page 395]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                       Subpart B_Ex Parte Appeals
 
Sec. 41.41  Reply brief.

    (a)(1) Appellant may file a reply brief to an examiner's answer 
within two months from the date of the examiner's answer.
    (2) A reply brief shall not include any new or non-admitted 
amendment, or any new or non-admitted affidavit or other evidence. See 
Sec. 1.116 of this title for amendments, affidavits or other evidence 
filed after final action but before or on the same date of filing an 
appeal and Sec. 41.33 for amendments, affidavits or other evidence 
filed after the date of filing the appeal.
    (b) A reply brief that is not in compliance with paragraph (a) of 
this section will not be considered. Appellant will be notified if a 
reply brief is not in compliance with paragraph (a) of this section.
    (c) Extensions of time under Sec. 1.136(a) of this title for patent 
applications are not applicable to the time period set forth in this 
section. See Sec. 1.136(b) of this title for extensions of time to 
reply for patent applications and Sec. 1.550(c) of this title for 
extensions of time to reply for ex parte reexamination proceedings.

    Effective Date Note: At 73 FR 32975, June 10, 2008, Sec. 41.41 was 
revised, effective December 10, 2008. For the convenience of the user, 
the revised text is set forth as follows:


 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                       Subpart B_Ex Parte Appeals
 
Sec. 41.41  Reply brief.

    (a) Reply brief authorized. An appellant may file a single reply 
brief responding to the points made in the examiner's answer.
    (b) Time for filing reply brief. If the appellant elects to file a 
reply brief, the reply brief must be filed within two months of the date 
of the mailing of the examiner's answer.
    (c) Extension of time to file reply brief. A request for an 
extension of time to file a reply brief shall be presented as a petition 
under Sec. 41.3 of this part.
    (d) Content of reply brief. Except as otherwise set out in this 
section, the form and content of a reply brief are governed by the 
requirements for an appeal brief as set out in Sec. 41.37 of this 
subpart. A reply brief may not exceed 20 pages, excluding any table of 
contents, table of authorities, and signature block, required by this 
section. A request to exceed the page limit shall be made by petition 
under Sec. 41.3 of this part and filed at least ten calendar days 
before the reply brief is due. A reply brief must contain, under 
appropriate headings and in the order indicated, the following items:
    (1) Table of contents--see Sec. 41.37(i) of this subpart.
    (2) Table of authorities--see Sec. 41.37(j) of this subpart.
    (3) [Reserved]
    (4) Statement of additional facts--see paragraph (f) of this 
section.
    (5) Argument--see paragraph (g) of this section.
    (e) [Reserved]
    (f) Statement of additional facts. The ``statement of additional 
facts'' shall consist of a statement of the additional facts that 
appellant believes are necessary to address the points raised in the 
examiner's answer and, as to each fact, must identify the point raised 
in the examiner's answer to which the fact relates.
    (g) Argument. Any arguments raised in the reply brief which are not 
responsive to points made in the examiner's answer will not be 
considered and will be treated as waived.
    (h) [Reserved]
    (i) No amendment or new evidence. No amendment or new evidence may 
accompany a reply brief.