Can an appeal be reinstated after filing an RCE?
No, an appeal cannot be reinstated after filing a Request for Continued Examination (RCE). The MPEP 1204.01 clearly states: “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.” Once an RCE is filed, the appeal is considered withdrawn, and the application returns to prosecution before the examiner. If the applicant wishes to appeal again, they must file a new Notice of Appeal after receiving a new final rejection.
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