What happens if an appeal brief is not timely filed in ex parte reexamination?
If an appeal brief is not timely filed in ex parte reexamination, the appeal will be dismissed. The MPEP clearly states:
“Failure to file the brief and/or the appeal brief fee within the permissible time will result in dismissal of the appeal.”
After dismissal, the reexamination prosecution is terminated, and a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) will be issued, indicating the status of the claims at the time of appeal.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2274 - Appeal Brief,
Patent Law,
Patent Procedure