When does an examiner decide to hold an appeal conference?

An examiner decides to hold an appeal conference when they believe the appeal should proceed and an examiner’s answer should be prepared. MPEP 2676 states: “If the examiner reaches the conclusion that the appeal should go forward and an examiner’s answer should be prepared, the examiner will arrange … for an appeal conference to be conducted.” This decision is made after reviewing the appellant and respondent briefs and forming an initial opinion on the case.

To learn more:

• appeal conference
• examiner decision
• inter partes reexamination
• MPEP 2676