What happens if an Administrative Patent Judge becomes unavailable during the rehearing process?
The MPEP 1214.03 addresses the situation where an Administrative Patent Judge (APJ) becomes unavailable during the rehearing process. It states: “Should an Administrative Patent Judge (APJ) retire or otherwise become unavailable to reconsider a decision, normally another APJ will be designated as a substitute for the unavailable APJ.” This procedure ensures that: The rehearing process…
Read MoreWhat happens if a request for rehearing is filed?
When a request for rehearing is filed, several important processes are set in motion. According to MPEP 1214.03: The Board will render a decision on the request for rehearing. The decision on the request for rehearing is deemed to incorporate the earlier opinion reflecting its decision for appeal, except for portions specifically withdrawn on rehearing.…
Read MoreWhat is the process for requesting a rehearing of a Board decision?
According to MPEP 1214.03, an appellant may file a single request for rehearing within two months of the date of the original decision of the Board. The request must: State with particularity the points believed to have been misapprehended or overlooked by the Board Not include arguments not raised or evidence not previously relied upon…
Read MoreCan an appellant request multiple rehearings?
Generally, an appellant is limited to a single request for rehearing. However, there is a specific exception to this rule. According to MPEP 1214.03: “No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the…
Read MoreCan the time period for filing a rehearing request be extended?
The time period for filing a rehearing request is generally limited, but there are specific circumstances under which it can be extended. According to MPEP 1214.03: “The 2-month period provided by 37 CFR 41.52(a) for filing a request for rehearing can only be extended under the provisions of 37 CFR 1.136(b) or under 37 CFR…
Read MoreAre there any exceptions to the rule against new arguments in a rehearing request?
Yes, there are specific exceptions to the general rule against new arguments in a rehearing request. According to MPEP 1214.03, the following exceptions are permitted: New arguments based on a recent relevant decision of either the Board or a Federal Court New arguments responding to a new ground of rejection designated pursuant to 37 CFR…
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