What happens if a final Board decision is made before reinstating an appeal?
If a final Board decision has been made on the first appeal, the appellant will be required to pay all appeal fees again if a new appeal is filed. The MPEP clarifies:
“If the appeal results in a written decision, the Office will again require the submission of the fees under 37 CFR 41.20 if a new appeal is later filed.”
For example, if the Board issues a decision affirming a rejection and the appellant does not seek reconsideration or file an appeal, then the decision on the appeal is final. Any subsequent prosecution resulting in a new appeal would require the payment of all appeal fees.
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