[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: 37CFR41.43]

[Page 395-396]
 
              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. 41.43  Examiner's response to reply brief.

    (a)(1) After receipt of a reply brief in compliance with Sec. 
41.41, the primary examiner must acknowledge receipt and entry of the 
reply brief. In addition, the primary examiner may withdraw the final 
rejection and reopen prosecution or may furnish a supplemental 
examiner's answer responding to any new issue raised in the reply brief.
    (2) A supplemental examiner's answer responding to a reply brief may 
not include a new ground of rejection.
    (b) If a supplemental examiner's answer is furnished by the 
examiner, appellant may file another reply brief under Sec. 41.41 to 
any supplemental examiner's answer within two months from

[[Page 396]]

the date of the supplemental examiner's answer.
    (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 32976, June 10, 2008, Sec. 41.43 was 
removed, effective December 10, 2008.