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

The Pre-Appeal Brief Review can result in four possible outcomes, as stated in the MPEP:

1. Application remains under appeal: The application remains under appeal because there is at least one actual issue for appeal.
2. Prosecution reopened: Prosecution on the merits is reopened and an appropriate Office communication will follow in due course. In appropriate circumstances, a proposed amendment may accompany the panel’s decision proposing changes that, if accepted, may result in an indication of allowability for the contested claim(s).
3. Application allowed: The application is allowed on the existing claims and prosecution remains closed.
4. Request dismissed: The request fails to comply with the submission requirements and is dismissed.

These outcomes provide various paths forward for the application, potentially saving time and resources by avoiding unnecessary appeals or identifying allowable subject matter early in the process.

To learn more:

• Pre-Appeal Brief Review
• Patent Appeal Outcomes
• USPTO Decision
• Patent Examination