What are the time limits for filing a notice of appeal in inter partes reexamination?
What are the time limits for filing a notice of appeal in inter partes reexamination? The time limits for filing a notice of appeal in inter partes reexamination are specified in MPEP 2674. The manual states: “The time for filing a notice of appeal is within thirty days after the mailing of the action from…
Read MoreCan the time for filing a notice of appeal or cross appeal be extended in inter partes reexamination?
No, the time for filing a notice of appeal or cross appeal in inter partes reexamination cannot be extended. The MPEP 2674 clearly states: “Pursuant to 37 CFR 41.61(e), the time for filing a notice of appeal may not be extended.” Similarly, for cross appeals: “Pursuant to 37 CFR 41.61(e), the time for filing a…
Read MoreWhat happens if a notice of appeal or cross appeal is defective in inter partes reexamination?
If a notice of appeal or cross appeal is timely filed but defective in inter partes reexamination, the party is given one opportunity to correct the defect. According to MPEP 2674: “Where a notice of appeal or notice of cross appeal is timely filed but is defective, e.g., missing fee or missing portion of the…
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