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

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.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2676 - Appeal Conference, Patent Law, Patent Procedure
Tags: Appeal Process, MPEP 2676, Non-Final Office Action, Reopening Prosecution