What is the significance of the January 23, 2012 date mentioned in MPEP 1214.05?
The date January 23, 2012, mentioned in MPEP 1214.05, is significant because it marks a change in the handling of withdrawn claims during the patent appeal process. The MPEP states: “Where, in an appeal brief filed before January 23, 2012, an appellant withdraws some of the appealed claims […] the withdrawal is treated as an authorization to cancel the withdrawn claims.”
This date likely corresponds to a change in USPTO procedures or regulations. For appeal briefs filed on or after this date, different rules may apply regarding the treatment of withdrawn claims. Patent applicants and attorneys should be aware of this date when dealing with appeals and withdrawn claims, especially for applications with a long prosecution history.
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