When is the reply brief due in an appeal?

The due date for a reply brief in a patent appeal is specified in the rules governing appellate practice at the USPTO. When an applicant files a notice of appeal, they can expect the examiner to respond with an examiner's answer, at which point the applicant is given a specific timeframe to submit their reply brief. This timeframe is two months from the date of the examiner's answer.

This timeline is important because it allows the applicant to consider the examiner's positions and arguments in their response. Therefore, the correct option outlines this structure accurately, reflecting the procedural requirements set forth by the USPTO. Understanding this timeline is critical for applicants to ensure that they respond appropriately and within the required deadlines for their appeals.