Can I withdraw a Pre-Appeal Brief Review Request?

The MPEP does not provide a specific provision for withdrawing a Pre-Appeal Brief Review Request. However, it does state that certain actions by the applicant will terminate the panel’s review: The panel’s review will be terminated if the applicant files any of the following responses after filing a request, but prior to a decision by…

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How does the Pre-Appeal Brief Review process work?

The Pre-Appeal Brief Review process involves the following steps: Upon receipt of a properly filed request, a supervisor designates a panel of reviewers. The panel includes at least a supervisor and the examiner of record. The panel reviews the appellant’s remarks and the examiner’s rejections. The review is conducted without the appellant’s presence, and no…

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What are the possible outcomes of a Pre-Appeal Brief Review?

The Pre-Appeal Brief Review can result in four possible outcomes, as stated in the MPEP: Application remains under appeal: The application remains under appeal because there is at least one actual issue for appeal. Prosecution reopened: Prosecution on the merits is reopened and an appropriate Office communication will follow in due course. In appropriate circumstances,…

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