What form paragraph should examiners use when reopening prosecution after an appeal brief?
Examiners should use Form Paragraph 12.239 when reopening prosecution after an appeal brief has been filed. According to MPEP 1207.04, this form paragraph is specifically designed for this purpose: “Form paragraph 12.239 may be used when reopening prosecution:” The form paragraph includes important information for the appellant, such as the reason for reopening prosecution, the…
Read MoreWhat considerations should examiners and supervisors take into account when deciding to reopen prosecution?
When deciding whether to reopen prosecution or add a new ground of rejection to an examiner’s answer, examiners and their supervisors should consider several factors. According to MPEP 1207.04: “In deciding whether to reopen prosecution or to add a new ground of rejection to an examiner’s answer where proper under MPEP § 1207.03 et seq.,…
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