Who determines if an appeal brief is compliant in ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. Since May 25, 2010, the Patent Trial and Appeal Board (Board) has the sole responsibility for determining whether appeal briefs filed in ex parte reexamination proceedings comply with 37 CFR 41.37 . The MPEP states: “The Board also has the sole responsibility for determining whether corrected briefs comply with 37 CFR 41.37, and addresses any inquiries and petitions regarding notices of non-compliant briefs.” Examiners are no longer required to review appeal briefs for compliance or to hold any appeal briefs defective. The Board corresponds directly with the appellant on non-compliant brief issues. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiners Not Required to Review Appeal Brief Compliance MPEP 2274 Required Board Determines Appeal Brief Compliance Before Forwarding MPEP 2274 Permitted Examiners Must Not Hold Appeal Briefs Defective MPEP 2274 Non-Compliant Appeal Brief No Longer Evaluated MPEP 2274 Board Directly Addresses Non-Compliant Brief Issues MPEP 2274 One Copy of Appeal Brief Required MPEP 2274 Required Board Determines Brief Compliance Not a Jurisdiction Transfer MPEP 2274 Compliant Appeal Brief Not Held Defective MPEP 2274 Ex Parte Reexamination SNQ Issue Review Before June 25, 2010 MPEP 2274 Requirement for Corrected Appeal Brief Within Time Period MPEP 2274 Required Other Related FAQs 5 FAQs Collapse What happens if an appeal brief is not timely filed in ex parte reexamination? Can the time for filing an appeal brief be extended in ex parte reexamination? What are the key requirements for an appeal brief in ex parte reexamination? How can a patent owner seek review of a Substantial New Question of Patentability (SNQ) determination? What a...