How does filing an RCE affect the status of a previously filed appeal brief?

Filing a Request for Continued Examination (RCE) renders a previously filed appeal brief ineffective. The MPEP 1204.01 states:

“If an RCE is filed in an application prior to the filing of an appeal brief, the RCE is treated as a withdrawal of the appeal.”

This means that:

• Any appeal brief filed before the RCE is no longer considered active
• The arguments presented in the appeal brief will not be automatically considered in the continued examination
• If the applicant wants to appeal again after a subsequent final rejection, they must file a new Notice of Appeal and a new appeal brief

It’s important for applicants to be aware that filing an RCE effectively resets the appeal process, and they should be prepared to resubmit their arguments if they decide to appeal again later in the prosecution.

To learn more:

• RCE
• Appeal Brief
• Patent Appeal Process
• Continued Examination