What happens if an examiner decides not to proceed with an appeal?

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 an examiner decides not to proceed with an appeal, the prosecution is reopened, and a new non-final Office action is issued. MPEP 2676 clearly states: “If the examiner reaches the conclusion that the appeal should not go forward, no appeal conference is held. Prosecution is reopened, and the examiner issues a new non-final Office action.” This decision is typically made when the examiner believes that addressing the issues raised in the briefs requires further examination rather than proceeding with the appeal process.