[Patentpractice] Examiner's answer to appeal brief not received within 2 months

[Krista Jacobsen]

Hi everyone,

According to the transaction history, the appeal brief in an application
was forwarded to the examiner over 2 months ago. We have not yet received
the examiner's answer.

Per MPEP 1207.02, "[t]he examiner should furnish the appellant with a
written statement in answer to the appellant’s brief within 2 months after
the receipt of the brief by the examiner."

(Note the word "should," which seems problematic, at least because the
appeal cannot be forwarded to the PTAB without an examiner's answer. What's
to stop an examiner from just sitting on the appeal brief forever?)

Other than calling the examiner's supervisor (and/or Patrick the Ombudsman
who is definitely not AI), is there anything an applicant can do when the
examiner misses the 2-month (apparently soft) deadline to provide the
answer?

[image: Angryfish.png]

Thanks in advance.

Best regards,
Krista

------------------------------------------
Krista S. Jacobsen
Attorney and Counselor at Law
Jacobsen IP Law
krista at jacobseniplaw.com
T:  408.455.5539
www.jacobseniplaw.com
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