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