Can new arguments be presented in a Pre-Appeal Brief Request?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, new arguments should not be presented in a Pre-Appeal Brief Request. The MPEP clearly states: “No new arguments or evidence may be included in the request.” ( MPEP 1204.02 ) The purpose of the Pre-Appeal Brief Request is to review the existing record and arguments. Applicants should focus on demonstrating clear errors in the examiner’s rejections based on the arguments and evidence already presented during prosecution. Introducing new arguments or evidence at this stage is not allowed and may result in the request being denied or not fully considered. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Pre-Appeal Brief Review Not for Reexaminations MPEP 1204.02 Use Form PTO/AIA/33 for Pre-Appeal Brief Review Requests MPEP 1204.02 Permitted Limit on Pre-Appeal Brief Review Request Length MPEP 1204.02 Prohibited Notice of Appeal and Pre-Appeal Brief Review Requirements MPEP 1204.02 Required Request for Pre-Appeal Brief Review Must Accompany Notice of Appeal MPEP 1204.02 Required Filing Appeal Brief After Panel Decision MPEP 1204.02 Extendible Time for Appeal Brief Filing MPEP 1204.02 Pre-Appeal Review Extends Appeal Brief Deadline MPEP 1204.02 Permitted Request for Pre-Appeal Brief Review Permitted MPEP 1204.02 Permitted Request for Pre-Appeal Brief Review Allowed MPEP 1204.02 Other Related FAQs 5 FAQs Collapse What happens if a Pre-Appeal Brief Request is not timely filed? What happens if a Pre-Appeal Brief Request is not proper? What are the possible outcomes of a Pre-Appeal Brief Conference? How does the Pre-Appeal Brief Review affect the time for filing an Appeal Brief? Can I withdraw my Pre-Appeal Brief Request?