What happens if a Notice of Appeal is filed after the filing of an RCE?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. If a Notice of Appeal is filed after the filing of an RCE but before a first Office action is issued, the Notice of Appeal is defective. According to MPEP 1204.01 , “If appellant files an RCE under 37 CFR 1.114 , thereby entering the RCE and prosecution, and then subsequently files a notice of appeal without first getting an Office action, that notice of appeal is defective.” In such cases, the Office will notify the applicant that the appeal is dismissed and prosecution is continued. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Notice of Appeal with RCE MPEP 1204 Prohibited Filing Notice of Appeal After Office Action MPEP 1204 Permitted Defective Notice of Appeal Notification Requirement MPEP 1204 Filing Appeal Brief as Notice of Appeal MPEP 1204 Timely Notice of Appeal and Fee Required MPEP 1204 Notice of Appeal Must Follow Examiner's Consideration MPEP 1204 Amendment Requirement for Notice of Appeal and Brief MPEP 1204 Notice of Appeal Requirement for Rejected Claims MPEP 1204 Permitted Notice of Appeal Requirement for Twice-Rejected Claims MPEP 1204 Permitted Notice of Appeal for Rejected Claims MPEP 1204 Permitted Other Related FAQs 5 FAQs Collapse What is the proper procedure if an applicant wants to appeal after filing an RCE? How does filing an RCE affect the status of a previously filed appeal brief? What is the effect of an RCE on a pending appeal? Can an appeal be reinstated after filing an RCE? What happens if a Pre-Appeal Brief Request is not timely filed?