What is the effect of an RCE on a pending appeal?

Filing a Request for Continued Examination (RCE) has a significant effect on a pending appeal. According to MPEP 1204.01:

“The filing of an RCE under 37 CFR 1.114 , including an RCE filed with a submission and fee under 37 CFR 1.17(e) , will be treated as a withdrawal of the appeal.”

This means that when an RCE is filed:

• The pending appeal is automatically withdrawn
• The application returns to prosecution before the examiner
• Any previously filed appeal brief becomes ineffective
• The applicant must file a new Notice of Appeal if they wish to appeal again after a subsequent final rejection

To learn more:

• RCE
• Pending Appeal
• Appeal Withdrawal
• Patent Prosecution