Can I withdraw my Pre-Appeal Brief Request?
Can I withdraw my Pre-Appeal Brief Request? Yes, you can withdraw your Pre-Appeal Brief Request. The MPEP states, Applicants may request to withdraw the appeal by filing a request for continued examination (RCE) under 37 CFR 1.114 with the appropriate fee. (MPEP 1204.02) Here are some key points about withdrawing a Pre-Appeal Brief Request: Filing…
Read MoreCan new arguments be presented in a Pre-Appeal Brief Request?
Can new arguments be presented in a Pre-Appeal Brief Request? No, new arguments should not be presented in a Pre-Appeal Brief Request. The MPEP clearly states: “No new arguments or evidence may be included in the request.” (MPEP 1204.02) The purpose of the Pre-Appeal Brief Request is to review the existing record and arguments. Applicants…
Read MoreWhat happens if a Pre-Appeal Brief Request is not proper?
What happens if a Pre-Appeal Brief Request is not proper? If a Pre-Appeal Brief Request is not proper, the Office will notify the applicant. According to the MPEP, If a request is not proper, the Office will notify the applicant of the deficiency by issuing a notice. (MPEP 1204.02) Specifically: The applicant will be given…
Read MoreWhat happens if a Pre-Appeal Brief Request is not timely filed?
What happens if a Pre-Appeal Brief Request is not timely filed? If a Pre-Appeal Brief Request is not timely filed, it will not be considered. According to the MPEP, “The request must be filed with the Notice of Appeal, but no later than the expiration of the period for reply set forth in the last…
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