Can I reopen prosecution after filing an appeal?
Yes, you can reopen prosecution after filing an appeal by submitting a Request for Continued Examination (RCE). The MPEP provides guidance on this:
“Prior to a decision by the Board, if an applicant wishes to withdraw an application from appeal and to reopen prosecution of the application, applicant can file a request for continued examination (RCE) under 37 CFR 1.114, accompanied by a submission (i.e., a reply responsive within the meaning of 37 CFR 1.111 to the last outstanding Office action) and the RCE fee set forth under 37 CFR 1.17(e).”
It’s important to note that filing an RCE will be treated as a withdrawal of the appeal. To avoid abandonment, ensure that the RCE is filed in compliance with 37 CFR 1.114.
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