Who determines if an appeal brief is compliant in ex parte reexamination?

Since May 25, 2010, the Patent Trial and Appeal Board (Board) has the sole responsibility for determining whether appeal briefs filed in ex parte reexamination proceedings comply with 37 CFR 41.37. The MPEP states:

“The Board also has the sole responsibility for determining whether corrected briefs comply with 37 CFR 41.37, and addresses any inquiries and petitions regarding notices of non-compliant briefs.”

Examiners are no longer required to review appeal briefs for compliance or to hold any appeal briefs defective. The Board corresponds directly with the appellant on non-compliant brief issues.

To learn more:

• appeal brief
• compliance
• ex parte reexamination
• Patent Trial and Appeal Board
• patent law