---
kind: "section"
citation: "37 C.F.R. § 41.71"
title: "37"
number: "41.71"
heading: "Rebuttal brief."
url: "https://uscodex.org/cfr/37/41.71"
---

# §41.71. Rebuttal brief.

- (a) Within one month of the examiner's answer, any appellant may once file a rebuttal brief.
- (b)
  - (1) The rebuttal brief of the owner may be directed to the examiner's answer and/or any respondent brief.
  - (2) The rebuttal brief of the owner shall not include any new or non-admitted amendment, or an affidavit or other evidence. See [§ 1.116](/cfr/37/1.116.md) 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 [§ 41.63](/cfr/37/41.63.md) for amendments, affidavits or other evidence filed after the date of filing the appeal.
- (c)
  - (1) The rebuttal brief of any requester may be directed to the examiner's answer and/or the respondent brief of the owner.
  - (2) The rebuttal brief of a requester may not be directed to the respondent brief of any other requester.
  - (3) **No new ground of rejection can be proposed by a requester.**
  - (4) The rebuttal brief of a requester shall not include any new or non-admitted affidavit or other evidence. See [§ 1.116(d)](/cfr/37/1.116.md?p=d) of this title for affidavits or other evidence filed after final action but before or on the same date of filing an appeal and [§ 41.63(c)](/cfr/37/41.63.md?p=c) for affidavits or other evidence filed after the date of filing the appeal.
- (d) The rebuttal brief must include a certification that a copy of the rebuttal brief has been served in its entirety on all other parties to the proceeding. The names and addresses of the parties served must be indicated.
- (e) If a rebuttal brief is timely filed under [paragraph (a)](#a) of this section but does not comply with all the requirements of [paragraphs (a) through (d)](#a..d) of this section, appellant will be notified of the reasons for non-compliance and provided with a non-extendable period of one month within which to file an amended rebuttal brief. If the appellant does not file an amended rebuttal brief during the one-month period, or files an amended rebuttal brief which does not overcome all the reasons for non-compliance stated in the notification, that appellant's rebuttal brief and any amended rebuttal brief by that appellant will not be considered.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.