What options does an appellant have after prosecution is reopened?
When prosecution is reopened after an appeal brief has been filed, the appellant has several options to avoid abandonment of the application. According to MPEP 1207.04, the options are:
- (A) file a reply under 37 CFR 1.111, if the Office action is non-final;
- (B) file a reply under 37 CFR 1.113, if the Office action is final; or
- (C) initiate a new appeal by filing a new notice of appeal under 37 CFR 41.31.
If the appellant chooses to continue prosecution and the reopening occurred prior to a Board decision, previously paid appeal fees will be applied to a later appeal on the same application. However, if appeal fees have increased, the appellant must pay the difference.
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