What are the possible outcomes of a Pre-Appeal Brief Conference?

What are the possible outcomes of a Pre-Appeal Brief Conference?

According to the MPEP, there are four possible outcomes of a Pre-Appeal Brief Conference:

1. Proceed to Board: The application will proceed to appeal with the reasons for the rejection set forth by the examiner in the Office action from which the appeal was taken.
2. Prosecution Reopened: Prosecution on the merits will be reopened and a new Office action will be issued.
3. Allow Application: The application will be allowed.
4. Proceed to Board with Changes: The application will proceed to appeal with the reasons for rejection set forth by the examiner in the Office action from which the appeal was taken, but one or more of the other grounds of rejection will be withdrawn.

(MPEP 1204.02)

These outcomes provide various paths forward for your application, ranging from proceeding with the appeal to having your application allowed. The conference aims to resolve issues early in the appeal process when possible.

To learn more:

• Pre-Appeal Brief Conference
• Patent Appeal
• USPTO Procedure