What should I do if I decide to refile my application as a continuation while an appeal is pending?
If you decide to refile your application as a continuation while an appeal is pending, it’s crucial to inform the USPTO promptly. The MPEP advises:
“To avoid the rendering of decisions by the Board in applications which have already been refiled as continuations, applicants should promptly inform the Clerk of the Board in writing as soon as they have positively decided to refile or to abandon an application containing an appeal awaiting a decision.”
This means you should notify the Clerk of the Board in writing immediately after deciding to refile your application. Failure to do so may result in unnecessary decision-making by the Board and could potentially complicate your patent prosecution strategy. It’s important to exercise diligence in this matter to ensure smooth processing of your application.
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