What happens if a Pre-Appeal Brief Request is not timely filed?
What happens if a Pre-Appeal Brief Request is not timely filed?
If a Pre-Appeal Brief Request is not timely filed, it will not be considered. According to the MPEP, “The request must be filed with the Notice of Appeal, but no later than the expiration of the period for reply set forth in the last Office action, including any extensions under 37 CFR 1.136(a).” (MPEP 1204.02)
If the request is filed after this period, it will be treated as an untimely request and will not be considered. In such cases, the applicant may still proceed with the regular appeal process by filing an appeal brief within the required timeframe.
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