What is the proper procedure if an applicant wants to appeal after filing an RCE?

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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. If an applicant wants to appeal after filing a Request for Continued Examination (RCE), they must follow a specific procedure. According to MPEP 1204.01 , the proper steps are: Wait for the examiner to issue a new Office action after the RCE is filed If the new Office action is a final rejection, file a new Notice of Appeal Prepare and file a new appeal brief within the prescribed time limit The MPEP clarifies: “If an RCE is filed in an application prior to the filing of an appeal brief, the RCE is treated as a withdrawal of the appeal.” This means that the applicant cannot simply continue with the previous appeal process but must initiate a new appeal if they disagree with the examiner’s decision following the RCE. It’s important to note that the applicant should not file a Notice of Appeal immediately after an RCE without waiting for a new Office action, as this would be considered defective. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Filing Appeal Brief as Notice of Appeal MPEP 1204 Filing Notice of Appeal After Office Action MPEP 1204 Permitted Filing Appeal Brief as Notice of Appeal MPEP 1204 Notice of Appeal Must Follow Examiner's Consideration MPEP 1204 No Notice of Appeal with RCE MPEP 1204 Prohibited Timely Notice of Appeal and Fee Required MPEP 1204 Fees for New Appeal After Board Decision MPEP 1204.01 Filing Appeal Brief Without Notice of Appeal MPEP 1204 Required New Appeal Brief Requirement Within Two Months MPEP 1204.01 Filing Appeal Brief Within Two Months MPEP 1204 Required Other Related FAQs 5 FAQs Collapse What happens if a Notice of Appeal is filed after the filing of an RCE? How does filing an RCE affect the status of a previously filed ...