What happens if a final Board decision is made before reinstating an appeal?
If a final Board decision has been made on the first appeal, the appellant will be required to pay all appeal fees again if a new appeal is filed. The MPEP clarifies: “If the appeal results in a written decision, the Office will again require the submission of the fees under 37 CFR 41.20 if…
Read MoreWhat is an appeal conference in patent examination?
An appeal conference is a mandatory process in patent examination when an acceptable brief has been filed. According to MPEP 1207.01, An appeal conference is mandatory in all cases in which an acceptable brief ( MPEP ยง 1205 ) has been filed. The purpose of this conference is to review the merits of the issues…
Read MoreWhat 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…
Read MoreWhat 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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