Once an appellant has filed a notice of appeal, what situations may that appellant request that prosecution be reopened for?
Once appellant has filed a notice of appeal, appellant also may request that prosecution be reopened for the following situations:
- In response to a new ground of rejection made in an examiner’s answer, appellant may file a reply in compliance with 37 CFR 1.111 that addresses the new ground of rejection within two months from the mailing of the examiner’s answer
- In response to a substitute examiner’s answer that is written in response to a remand by the Board for further consideration of a rejection under 37 CFR 41.50(a), appellant may file a reply in compliance with 37 CFR 1.111 that addresses the rejection in the substitute answer within two months from the mailing of the substitute answer
The answer to this question can be found in chapter 1200 of the MPEP. This chapter covers Appeals.
The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
This question and answer come from section 1215.01 of the MPEP. The following is a brief summary of section 1215.01.
1215.01 Withdrawal of Appeal
This section covers the withdrawal of an appeal. Essentially, where, after an appeal has been filed and before decision by the Board, an applicant withdraws the appeal after the period for reply to the final rejection has expired, the application is to be considered abandoned as of the date on which the appeal was withdrawn unless there are allowed claims in the case.