If the examiner's answer raises a new ground of rejection, what happens to the appeal if the reply brief is not timely?

When an examiner's answer raises a new ground of rejection during the appeal process, the applicant has the opportunity to address this new rejection through a reply brief. However, there are strict timelines associated with filing this reply brief. If the applicant fails to submit the reply brief within the designated time frame, the consequences can lead to the dismissal of the appeal.

This dismissal occurs because the appeal process relies on the ability to argue against the new ground of rejection presented by the examiner. Without the timely reply brief, the applicant does not adequately contest the examiner's latest decision or provide the necessary arguments to support their application. Therefore, the lack of a timely response effectively halts the appeal, resulting in its dismissal.

In contrast, if the reply brief is filed on time, the appeal would continue, allowing the applicant to respond to the examiner's points, potentially leading to a favorable outcome. Thus, the correct answer illustrates the significance of adhering to deadlines in the appeal process.