What are the consequences of failing to file a timely appellant brief?

Failing to file a timely appellant brief in an inter partes reexamination can have serious consequences. The MPEP states:

“Failure to timely file the appellant brief and fee within the time allowed will result in dismissal of the appeal of the party that failed to take the timely action.”

Furthermore:

• If all parties who filed an appeal or cross appeal fail to timely file an appellant brief and fee, the prosecution of the reexamination proceeding is terminated.
• A Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) will be issued.
• A certificate will be issued indicating the status of the claims at the time of appeal.

It’s crucial to adhere to the timelines set forth in 37 CFR 41.66 to avoid these consequences and maintain the appeal.

To learn more:

• appellant brief
• inter partes reexamination
• appeal dismissal
• timely filing