What happens to Information Disclosure Statements (IDS) submitted after a notice of appeal?
Information Disclosure Statements (IDS) submitted after a notice of appeal are handled differently from other types of submissions. According to MPEP 1206:
“Information Disclosure Statements submitted after the date of a notice of appeal are normally held in abeyance pending a decision on the appeal. Consideration of Information Disclosure Statements is based on MPEP § 609 and 37 CFR 1.97 and 1.98 and not on 37 CFR 41.33.”
This means that while the IDS is received by the USPTO, it is typically not considered until after the appeal process is concluded, unless the appeal is withdrawn or the application is allowed.
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