What should be considered during an appeal conference?
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.
During an appeal conference, examiners should consider several aspects of the case. According to MPEP 1207.01:
“During the appeal conference, consideration should be given to the possibility of dropping cumulative art rejections and eliminating technical rejections of doubtful value.”
The main points to consider include:
- The merits of the issues on appeal
- Possibility of dropping cumulative art rejections
- Eliminating technical rejections of doubtful value
- Weighing the arguments presented by other examiners during the conference
The goal is to ensure that only strong and relevant rejections are maintained in the examiner’s answer.