What form paragraph should examiners use when reopening prosecution after an appeal brief?
Examiners should use Form Paragraph 12.239 when reopening prosecution after an appeal brief has been filed. According to MPEP 1207.04, this form paragraph is specifically designed for this purpose:
“Form paragraph 12.239 may be used when reopening prosecution:”
The form paragraph includes important information for the appellant, such as the reason for reopening prosecution, the new grounds of rejection, and the options available to the appellant to avoid abandonment of the application. It also requires the signature of a Supervisory Patent Examiner (SPE) to approve the reopening of prosecution.
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