What happens if an appellant doesn’t argue a non-statutory double patenting rejection in their appeal brief?
If an appellant doesn’t argue a non-statutory double patenting (NSDP) rejection in their appeal brief, the examiner should: Maintain the rejection in the Examiner’s Answer Include a warning about potential consequences The MPEP provides a form paragraph (FP 12.278) for this situation, which states in part: “This appeal includes a rejection of claims [1] which…
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