What happens if no request for oral hearing is filed?
If no request and fee for an oral hearing are timely filed by the appellant or respondent, the appeal will be decided based on the briefs without an oral hearing. MPEP 2680 states: “If no request and fee for oral hearing have been timely filed by appellant or respondent as required by paragraph (b) of this section, the appeal will be assigned for consideration and decision on the briefs without an oral hearing.”
It’s important to note that appeals decided without an oral hearing receive the same consideration as those with a hearing: “An appeal decided on the briefs without an oral hearing will receive the same consideration by the Board as an appeal decided after an oral hearing.”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2680 - Oral Hearing,
Patent Law,
Patent Procedure