Where can I find information about canceling rejected claims after a patent appeal?

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.

Information about canceling rejected claims after a patent appeal can be found in several sections of the Manual of Patent Examining Procedure (MPEP). As stated in MPEP § 1302.04(e):

“See MPEP § 1214.06, § 1215.03, § 1215.04 and § 1216.01.”

These sections provide detailed guidance on various scenarios related to claim cancellation following an appeal:

• MPEP § 1214.06 covers procedures when the examiner is sustained in whole or in part
• MPEP § 1215.03 discusses proceedings after withdrawal of an appeal
• MPEP § 1215.04 addresses the dismissal of an appeal
• MPEP § 1216.01 provides information on appeals to the Federal Circuit

These sections collectively offer comprehensive guidance on handling rejected claims in various post-appeal situations.