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 introduces a new ground of rejection, it shifts the dynamic of the appeal process. The patent rules specify that if an applicant does not timely file a reply brief in response to the examiner's answer, the appeal can be dismissed. This is because the reply brief is essential for the applicant to address the new issues raised by the examiner. By not submitting the reply brief on time, the applicant forfeits the opportunity to respond to those new grounds, thus leaving the examiner's positions uncontested.

In essence, the timely filing of a reply brief is a critical requirement in the appeal process, as it allows the applicant to clarify their arguments and potentially overcome the rejections presented. Failure to adhere to this requirement directly leads to the dismissal of the appeal, as the system relies on both sides adequately presenting their cases to make informed decisions.