How does 37 CFR 41.31(c) affect the appeal process for patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

37 CFR 41.31(c) plays a significant role in the patent appeal process. As stated in MPEP 1214.05, “Pursuant to 37 CFR 41.31(c), an appeal is presumed to be taken from the rejection of all claims.”

This regulation establishes a presumption that when an applicant files an appeal, they are appealing the rejection of all claims in the application. However, this presumption can be overcome if the applicant explicitly withdraws certain claims from consideration in the appeal brief. It’s important for patent applicants and attorneys to be aware of this presumption when preparing their appeal strategy.