How is an appeal conference documented in the examiner’s answer?

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.

The appeal conference must be documented in the examiner’s answer to ensure a clear record. The MPEP 1207.01 provides specific instructions:

“On the examiner’s answer, below the primary examiner’s signature, the word “Conferees:” should be included, followed by the typed or printed names of the other two appeal conference participants. These two appeal conference participants must place their initials next to their name.”

Key points for documenting the appeal conference:

• Include “Conferees:” below the primary examiner’s signature
• List the names of the two other conference participants
• Participants must initial next to their names

This documentation is crucial, as the Patent Appeal Center reviews the examiner’s answer to confirm that an appeal conference was held. Failure to properly document the conference may result in the application being returned to the examiner for corrective action.