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

[David Boundy]

General principle of administrative law -- deadlines against the government
have no consequence or remedy unless specifically provided by law.

On Fri, Dec 13, 2024 at 9:04 AM Krista Jacobsen via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> 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
> --
> Patentpractice mailing list
> Patentpractice at oppedahl-lists.com
>
> http://oppedahl-lists.com/mailman/listinfo/patentpractice_oppedahl-lists.com
>


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