What happens if a notice of appeal or cross appeal is defective in inter partes reexamination?
If a notice of appeal or cross appeal is timely filed but defective in inter partes reexamination, the party is given one opportunity to correct the defect. According to MPEP 2674: “Where a notice of appeal or notice of cross appeal is timely filed but is defective, e.g., missing fee or missing portion of the…
Read MoreWhat happens if a Notice of Appeal is filed after the filing of an RCE?
If a Notice of Appeal is filed after the filing of an RCE but before a first Office action is issued, the Notice of Appeal is defective. According to MPEP 1204.01, “If appellant files an RCE under 37 CFR 1.114 , thereby entering the RCE and prosecution, and then subsequently files a notice of appeal…
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