Can an examiner avoid an appeal conference?

Yes, an examiner can avoid an appeal conference under certain circumstances. The MPEP 1207.01 states:

“However, if the examiner charged with the responsibility of preparing the examiner’s answer reaches a conclusion that the appeal should not go forward and the supervisory patent examiner (SPE) approves, then no appeal conference is necessary.”

In such cases, the examiner has two options:

  • Reopen prosecution and issue another Office action
  • Prepare a notice of allowability if appropriate

If a notice of allowability is prepared, the examiner may include reasons for allowance as per MPEP § 1302.14.

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Tags: appeal conference, patent examination, patent prosecution, USPTO