What happens if an appellant brief does not comply with all requirements?
If an appellant brief does not comply with all requirements set forth in 37 CFR 41.67(a) and (c), the following process occurs: The appellant will be notified of the defect(s). The appellant will be given a non-extendable period of one month to file an amended brief to correct the defect(s). As stated in the MPEP:…
Read MoreCan new amendments or evidence be included in an appellant brief?
No, new amendments or evidence cannot be included in an appellant brief for an inter partes reexamination. The MPEP clearly states: “Pursuant to 37 CFR 41.67(c)(2), the brief is not to include any (A) new or non-admitted (non-entered) amendment, or (B) new or non-admitted (non-entered) affidavit or other evidence.” If an examiner wishes to have…
Read MoreWhat are the timeframes for filing briefs in an inter partes reexamination appeal?
The timeframes for filing briefs in an inter partes reexamination appeal are specific and cannot be extended. According to MPEP 2662: Appellant Brief: Each party that filed a notice of appeal or notice of cross appeal may file an appellant brief and fee within two months after the last-filed notice of appeal or cross appeal.…
Read MoreWhat are the consequences of failing to file a timely appellant brief?
Failing to file a timely appellant brief in an inter partes reexamination can have serious consequences. The MPEP states: “Failure to timely file the appellant brief and fee within the time allowed will result in dismissal of the appeal of the party that failed to take the timely action.” Furthermore: If all parties who filed…
Read MoreWhat are the time limits for filing an appellant brief in an inter partes reexamination?
The time limits for filing an appellant brief in an inter partes reexamination are specified in 37 CFR 41.66. The brief must be filed by the later of: Two months from the date of the examiner’s answer The time remaining in the maximum six-month time period set in MPEP § 2662 to file an appeal…
Read MoreWhat should be included in an appellant brief for an inter partes reexamination?
An appellant brief for an inter partes reexamination must include several key elements as specified in 37 CFR 41.67(c)(1). The MPEP states: “37 CFR 41.67(c)(1) requires that the appellant shall provide, in the appellant brief, the authorities and arguments on which the appellant will rely to maintain the appeal, a concise explanation of subject matter…
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