What is required to reinstate an appeal after prosecution is reopened?
To reinstate an appeal after prosecution is reopened, the appellant must: File a new notice of appeal in compliance with 37 CFR 41.31 Submit a complete new appeal brief in compliance with 37 CFR 41.37 As stated in the MPEP: “appellant must file a new notice of appeal in compliance with 37 CFR 41.31 and…
Read MoreCan an appeal be reinstated after filing an RCE?
No, an appeal cannot be reinstated after filing a Request for Continued Examination (RCE). The MPEP 1204.01 clearly states: “The filing of an RCE under 37 CFR 1.114 , including an RCE filed with a submission and fee under 37 CFR 1.17(e) , will be treated as a withdrawal of the appeal.” Once an RCE…
Read MoreDo I need to pay appeal fees again when reinstating an appeal?
Generally, you do not need to pay the full appeal fees again when reinstating an appeal, unless a final Board decision has been made on the first appeal. The MPEP states: “Any previously paid appeal fees set forth in 37 CFR 41.20 for filing a notice of appeal, filing an appeal brief (if any), requesting…
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