What happens if an appeal to the Federal Circuit is dismissed?

When an appeal to the Federal Circuit is dismissed, the consequences depend on the reason for dismissal. MPEP 1216.01 outlines two scenarios:

1. Dismissal due to failure to prosecute: “After dismissal, the action taken by the examiner will be the same as set forth above under the heading ‘Office Procedure Following Decision by the U.S. Court of Appeals for the Federal Circuit.'”
2. Dismissal for other reasons: “In the event of a dismissal for a reason other than failure to prosecute the appeal, the status of the application or reexamination proceeding must be determined according to the circumstances leading to the dismissal.”

The date of the court’s mandate marks the termination of the appeal proceedings. After dismissal, the USPTO will take appropriate action based on the status of the application or reexamination proceeding.

To learn more:

• Federal Circuit
• Patent Appeals
• Appeal Dismissal
• USPTO Procedure