What are the requirements for filing a Pre-Appeal Brief Review Request?
To file a Pre-Appeal Brief Review Request, applicants must meet several requirements:
- File a notice of appeal in compliance with 37 CFR 41.31
- Submit the request with the notice of appeal and before filing an appeal brief
- Use Form PTO/AIA/33, “Pre-Appeal Brief Request for Review” (optional)
- Include arguments in a separate paper titled “Pre-Appeal Brief Request for Review”
- Limit the request to five total pages
- Provide succinct, concise, and focused arguments
- Address only appealable matters, not petitionable issues
The MPEP states: The request must be accompanied by arguments in a separate paper entitled, “Pre-Appeal Brief Request for Review”. The request, not including Form PTO/AIA/33, may not exceed five (5) total pages and should provide a succinct, concise and focused set of arguments for which the review is being requested.
It’s important to note that after-final amendments cannot accompany the request, and non-compliant requests will be dismissed.
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