What is required to reinstate an appeal after prosecution is reopened?

To reinstate an appeal after prosecution is reopened, the appellant must:

  • File a new notice of appeal in compliance with 37 CFR 41.31
  • Submit a complete new appeal brief in compliance with 37 CFR 41.37

As stated in the MPEP: “appellant must file a new notice of appeal in compliance with 37 CFR 41.31 and a complete new appeal brief in compliance with 37 CFR 41.37 in order to reinstate the appeal.”

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Tags: Appeal Brief, appeal reinstatement, Notice Of Appeal, patent prosecution