Does filing an RCE result in a new reissue application?

No, filing a Request for Continued Examination (RCE) does not result in a new reissue application. The MPEP 1452 clearly states: “An RCE continues the prosecution of the existing reissue application and is not a filing of a new reissue application.” This means that the RCE simply allows for continued examination of the current reissue…

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What is the effect of an RCE on a pending appeal?

Filing a Request for Continued Examination (RCE) has a significant effect on a pending appeal. According to MPEP 1204.01: “The filing of an RCE under 37 CFR 1.114 , including an RCE filed with a submission and fee under 37 CFR 1.17(e) , will be treated as a withdrawal of the appeal.” This means that…

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What constitutes a prohibited “sounding out” interview according to the MPEP?

According to MPEP 713.03, a prohibited “sounding out” interview is characterized by the following: The sole purpose is to gauge the examiner’s position or opinion Any agreement reached would be conditional upon approval by a principal attorney Often involves a local attorney acting on behalf of an out-of-town attorney The MPEP states: “Interviews that are…

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Can an examiner avoid an appeal conference?

Yes, an examiner can avoid an appeal conference under certain circumstances. The MPEP 1207.01 states: “However, if the examiner charged with the responsibility of preparing the examiner’s answer reaches a conclusion that the appeal should not go forward and the supervisory patent examiner (SPE) approves, then no appeal conference is necessary.” In such cases, the…

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What is meant by “Withdrawal or Dismissal of Appeal” in patent prosecution?

“Withdrawal or Dismissal of Appeal” in patent prosecution refers to the termination of an appeal process before the Patent Trial and Appeal Board (PTAB) either by the applicant’s voluntary withdrawal or by the Board’s dismissal. This process is outlined in MPEP 1215. Withdrawal typically occurs when an applicant decides to end the appeal process voluntarily,…

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