What is the difference between 37 CFR 1.136(a) and 37 CFR 1.136(b) for appeal brief extensions?
The key differences between 37 CFR 1.136(a) and 37 CFR 1.136(b) for appeal brief extensions are:
- 37 CFR 1.136(a): Not applicable for appeal brief extensions.
- 37 CFR 1.136(b): Applicable for appeal brief extensions, but requires a petition showing sufficient cause.
MPEP 1205.01 clarifies: “Extensions of time under 37 CFR 1.136(a) for patent applications are not applicable to the time period set in 37 CFR 41.37(a) for filing an appeal brief. However, an extension of time may be granted under 37 CFR 1.136(b) for filing an appeal brief after the time period set in 37 CFR 41.37(a).”
Understanding this distinction is crucial when seeking an extension for filing an appeal brief, as it affects the petition process and requirements.
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