What MPEP sections should I refer to for guidance on post-appeal claim cancellation?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
For guidance on post-appeal claim cancellation, you should refer to specific sections of the Manual of Patent Examining Procedure (MPEP). As outlined in MPEP § 1302.04(e), the relevant sections are:
- MPEP § 1214.06 – Examiner Sustained in Whole or in Part
- MPEP § 1215.03 – Proceedings After Withdrawal of Appeal
- MPEP § 1215.04 – Dismissal of Appeal
- MPEP § 1216.01 – Appeals to the Federal Circuit
Each of these sections provides specific instructions and procedures for handling rejected claims under different post-appeal scenarios. Consulting these sections will give you comprehensive guidance on the proper steps to take when considering claim cancellation after an appeal.