How are appeals handled when a Patentability Report is involved?
When an appeal is taken from the rejection of claims involving a Patentability Report, MPEP 705.01(a) states:
‘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.’
This means:
- The TC that prepared the Patentability Report takes jurisdiction of the application
- They prepare the examiner’s answer for the appeal
- If the application is ultimately allowed, that TC may send it to issue
- The final classification is determined by the controlling claims remaining in the application
This process ensures that the TC with the most relevant expertise handles the appeal.
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