Who is responsible for determining compliance of appeal briefs in inter partes reexamination?
As of August 17, 2010, the Board of Patent Appeals and Interferences (now the Patent Trial and Appeal Board) has sole responsibility for determining whether appeal briefs in inter partes reexamination comply with the relevant regulations. The MPEP 2674 states:
“Effective August 17, 2010, the Board was delegated the sole responsibility for determining whether appeal briefs (i.e., appellant’s brief, respondent’s brief, and rebuttal briefs) filed in inter partes reexamination proceedings comply with 37 CFR 1.943(c) and 37 CFR 41.67, 41.68, or 41.71.”
This change means that examiners are no longer required to review appeal briefs for compliance. If the Board determines a brief is non-compliant, they will send a notice to the party requiring a corrected brief within a specified time period to avoid dismissal of the appeal.
To learn more: