What happens if an appellant files both an amendment and a request for rehearing in response to a new ground of rejection?

When an appellant files both an amendment (or new evidence) and a request for rehearing in response to a new ground of rejection, the treatment depends on whether this is done for all or only some of the rejected claims. The MPEP provides guidance on this situation: “If an appellant files an appropriate amendment or…

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What regulation governs Appeal Briefs in patent cases?

Appeal Briefs in patent cases are governed by 37 CFR 41.37. This regulation outlines the requirements, content, and procedure for submitting an Appeal Brief to the Patent Trial and Appeal Board (PTAB). As stated in MPEP 1205: “37 CFR 41.37 Appeal brief.” This regulation provides detailed guidelines on what must be included in an Appeal…

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