MPEP 1200 Flashcards
Reply Briefs are only available during ______ and
must be submitted within _ months and
______ be extended for __________, not
________
Appeal
2
may cause
automatically
If appellant fails to respond to an examiner’s answer that contains a new ground of rejection, the appeal will be:
dismissed as to the claims subject to the new ground of rejection.
If appellant fails to respond to an examiner’s answer that contains a new ground of rejection and all of the claims under appeal are subject to the rejection:
the entire appeal will be dismissed.
If an appeal brief does not contain a statement of the real party in interest, the Office may:
assume that the named inventor or inventors are the real party in interest.
The filing of a post-appeal RCE will be treated as:
a withdrawal of the appeal, regardless of whether the RCE includes the appropriate fee or a submission.
Filing a post-appeal RCE with no allowed claims will:
But an application having allowed claims will.
Lead to abandonment of the application
be passed to issue with the allowed claims
Upon withdrawal of appeal, claims which are allowable except for their dependency from rejected claims will be :
treated as if they were rejected.
After appeal board Board decision where one or more claims stand allowed, if a dependent claim is rejected based on it’s dependency to a rejected independent claim but is otherwise allowable, the applicant will receive:
no time to rewrite the claim into independent form
To be eligible for appeal, rejection of claims and office actions concerning restriction must be:
final
The Appeal Brief is due _______ after the Office receives the Notice of Appeal, and the filing of the Appeal Brief is ______ extendable.
2 months;
fully;
This means you have two months plus the 5 MONTHS of automatic extension available (for a total of 7 months!)