What is the effect of an RCE on a pending appeal?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Filing a Request for Continued Examination (RCE) has a significant effect on a pending appeal. According to MPEP 1204.01 : “The filing of an RCE under 37 CFR 1.114 , including an RCE filed with a submission and fee under 37 CFR 1.17(e) , will be treated as a withdrawal of the appeal.” This means that when an RCE is filed: The pending appeal is automatically withdrawn The application returns to prosecution before the examiner Any previously filed appeal brief becomes ineffective The applicant must file a new Notice of Appeal if they wish to appeal again after a subsequent final rejection Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Notice of Appeal with RCE MPEP 1204 Prohibited Filing Appeal Brief as Notice of Appeal MPEP 1204 Filing Appeal Brief as Notice of Appeal MPEP 1204 Filing Notice of Appeal After Office Action MPEP 1204 Permitted Notice of Appeal Must Follow Examiner's Consideration MPEP 1204 Defective Notice of Appeal Notification Requirement MPEP 1204 Use Form PTO/SB/31 for Notice of Appeal MPEP 1204 Permitted Use Form PTO/AIA/31 for Notice of Appeal MPEP 1204 Permitted Separate Letter for Notice of Appeal Recommended MPEP 1204 Premature Notice of Appeal When Reconsideration Requested MPEP 1204 Other Related FAQs 5 FAQs Collapse What is the proper procedure if an applicant wants to appeal after filing an RCE? What happens if a Notice of Appeal is filed after the filing of an RCE? How does filing an RCE affect the status of a previously filed appeal brief? Can an appeal be reinstated after filing an RCE? What happens if a Pre-Appeal Brief Request is not timely filed?