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How does 37 CFR 41.31(c) affect the appeal process for patent applications?

By russ.krajec@blueironip.com | September 27, 2024

37 CFR 41.31(c) plays a significant role in the patent appeal process. As stated in MPEP 1214.05, “Pursuant to 37 CFR 41.31(c), an appeal is presumed to be taken from the rejection of all claims.” This regulation establishes a presumption that when an applicant files an appeal, they are appealing the rejection of all claims…

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