What happens if an amendment is filed after a notice of appeal but before the appeal brief?
Filing an amendment after a notice of appeal but before the appeal brief does not negate the requirement to file the appeal brief. The MPEP 1205.01 states:
“A brief must be filed to preserve appellant’s right to the appealed claims, notwithstanding circumstances such as: … (B) the filing of an amendment, even if it is one which the examiner previously has indicated may place one or more claims in condition for allowance, unless the examiner, in acting on the amendment, disposes of all issues on appeal;”
This means that even if you file an amendment that you believe addresses all issues, you must still file the appeal brief unless the examiner explicitly withdraws all rejections and allows all claims. Failing to file the appeal brief within the required time (or extended time) will result in the dismissal of the appeal, regardless of any pending amendments.
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