How are appeals handled in cases involving Patentability Reports?

When an appeal is taken from the rejection of claims in a case involving a Patentability Report, specific procedures are followed. According to MPEP 705.01(a):

“When an appeal is taken from the rejection of claims, all of which are examinable in the TC preparing a Patentability Report, the application should be transferred to said TC for the purpose of appeal. The receiving TC will take jurisdiction of the application and prepare the examiner’s answer.”

This process ensures that:

• The TC with the most relevant expertise handles the appeal
• The examiner’s answer is prepared by the TC most familiar with the subject matter
• If the application is allowed after appeal, the receiving TC may send it to issue with its classification determined by the controlling claims remaining in the application

To learn more:

• Patentability Report
• Patent Appeal
• USPTO Procedure
• Technology Center