What happens if new evidence is filed after the appeal brief in a patent application?

If new evidence is filed after the appeal brief in a patent application, the examiner must determine whether the evidence overcomes all rejections. According to MPEP 1206: “If the examiner determines that the evidence overcomes all rejections, the examiner should issue a new Office action withdrawing all previous rejections and either allowing the application or…

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Can 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…

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What happens to Information Disclosure Statements (IDS) submitted after a notice of appeal?

Information Disclosure Statements (IDS) submitted after a notice of appeal are handled differently from other types of submissions. According to MPEP 1206: “Information Disclosure Statements submitted after the date of a notice of appeal are normally held in abeyance pending a decision on the appeal. Consideration of Information Disclosure Statements is based on MPEP §…

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Can the time for filing an appeal brief be extended?

Yes, the time for filing an appeal brief can be extended. According to MPEP 1205.01: “This 2-month time period for a patent application may be extended under 37 CFR 1.136(a), and if 37 CFR 1.136(a) is not available, under 37 CFR 1.136(b) for extraordinary circumstances.” For patent applications, extensions can be requested under 37 CFR…

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