What is required to reinstate an appeal after prosecution is reopened?

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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. To reinstate an appeal after prosecution is reopened, the appellant must: File a new notice of appeal in compliance with 37 CFR 41.31 Submit a complete new appeal brief in compliance with 37 CFR 41.37 As stated in the MPEP: “appellant must file a new notice of appeal in compliance with 37 CFR 41.31 and a complete new appeal brief in compliance with 37 CFR 41.37 in order to reinstate the appeal.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Filing Notice of Appeal After Office Action MPEP 1204 Permitted Filing Appeal Brief as Notice of Appeal MPEP 1204 Filing Appeal Brief as Notice of Appeal MPEP 1204 Filing Appeal Brief Without Notice of Appeal MPEP 1204 Required Defective Notice of Appeal Notification Requirement MPEP 1204 Use Form PTO/SB/31 for Notice of Appeal MPEP 1204 Permitted 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 Notice of Appeal Signature Exemption MPEP 1204 Other Related FAQs 5 FAQs Collapse What is the proper procedure if an applicant wants to appeal after filing an RCE? What happens if a Pre-Appeal Brief Request is not timely filed? What happens if a Pre-Appeal Brief Request is not proper? Can new arguments be presented in a Pre-Appeal Brief Request? What happens if a Notice of Appeal is filed after the filing of an RCE?