Can I request a rehearing after a PTAB decision?

Yes, you can request a rehearing after a Patent Trial and Appeal Board (PTAB) decision. Here are key points to consider: A request for rehearing must be filed within 30 days of the original PTAB decision. Filing a rehearing request extends the time for seeking judicial review. The rehearing request should address specific points believed…

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Can an examiner request rehearing of a PTAB decision?

Yes, an examiner can request rehearing of a Patent Trial and Appeal Board (PTAB) decision. However, this process is subject to specific guidelines and approvals. The MPEP states: “The examiner may request rehearing of the Board decision. Such a request should normally be made within 2 months of the return of the application to the…

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What should be included in an examiner’s request for rehearing of a PTAB decision?

When an examiner requests rehearing of a Patent Trial and Appeal Board (PTAB) decision, the request must meet specific content requirements. The MPEP 1214.04 outlines these requirements: “The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by the Board.” This means the examiner must clearly identify and…

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What are the consequences of requesting a rehearing instead of filing an amendment in response to a new ground of rejection?

When an appellant chooses to request a rehearing under 37 CFR 41.50(b)(2) instead of filing an amendment or new evidence under 37 CFR 41.50(b)(1), there are significant consequences. The MPEP outlines these consequences: “By proceeding in this manner, the appellant waives their right to further prosecution before the examiner. In re Greenfield, 40 F.2d 775,…

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