Patent bar Appeals, petitions and revival question: ground of rejection and approved by the Technology Center Director

Answer: D. File a reply under 37 CFR 1.111 with the declaration by Monday, June 15, 2026, which reopens prosecution and withdraws the appeal

Answer: File a reply under 37 CFR 1.111 with the declaration by Monday, June 15, 2026, which reopens prosecution and withdraws the appeal. When an answer contains a designated new ground of rejection, the appellant must, within two months, either reopen prosecution by a reply under 37 CFR 1.111 (with any relevant amendment or affidavit) or maintain the appeal by a reply brief (37 CFR 41.39(b)). Two months from April 15 is Monday, June 15, 2026. A request to reopen prosecution is treated as a withdrawal of the appeal, and only that route allows new evidence. Why not the others: - A reply brief with the declaration: a reply brief may not be accompanied by evidence, and if it is, it is treated as a request to reopen prosecution, so the appeal is not maintained. - A 1.136(a) extension: 37 CFR 41.39(c) makes 1.136(a) extensions unavailable for this period; only 1.136(b) may apply. - A 1.181 petition to enter evidence on appeal: no petition route lets new evidence enter while the appeal is kept before the Board. - At the oral hearing the appellant may rely only on Evidence already entered and considered by the examiner (37 CFR 41.47(e)). Rule: Answer a designated new ground within two months: a 1.111 reply (evidence allowed, appeal withdrawn) or a reply brief (argument only, appeal kept). Source: MPEP § 1207.03, § 1207.03(c) (9th ed., Rev. 01.2024); 37 CFR 41.39(b), 41.39(c); as at Oct 2026