How does the Pre-Appeal Brief Review process work?
The Pre-Appeal Brief Review process involves the following steps:
- Upon receipt of a properly filed request, a supervisor designates a panel of reviewers.
- The panel includes at least a supervisor and the examiner of record.
- The panel reviews the appellant’s remarks and the examiner’s rejections.
- The review is conducted without the appellant’s presence, and no interviews are granted before the decision.
- After the review, the Office mails a decision on the application’s status.
According to the MPEP: Upon receipt of a properly filed request, a supervisor will designate a panel of appropriate reviewers to review the appellant’s remarks and the examiner’s rejections. The panel will include at least a supervisor and the examiner of record and will have the authority to reopen prosecution if appropriate.
The decision will state one of four outcomes: the application remains under appeal, prosecution is reopened, the application is allowed, or the request is dismissed for non-compliance.
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