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…
Read MoreWhat should I do if I decide to refile my application as a continuation while an appeal is pending?
If you decide to refile your application as a continuation while an appeal is pending, it’s crucial to inform the USPTO promptly. The MPEP advises: “To avoid the rendering of decisions by the Board in applications which have already been refiled as continuations, applicants should promptly inform the Clerk of the Board in writing as…
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