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Question:
What will a Right of Appeal Notice (RAN) set forth?
Answer:
The RAN will identify the status of each claim. It will set forth:
- the grounds of rejection for all claims rejected in the RAN;
- the reasons why a proposed rejection is not made for all decisions favorable to patentability as to claims that were contested by the third party requester; and
- the reasons for patentability for all claims “allowed” and not contested by the third party requester.
Chapter Details:
The answer to this question can be found in chapter 2600 of the MPEP. This chapter covers Optional Inter Partes Reexamination.
The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer comes from section 2673.02 of the MPEP. The following is a brief summary of section 2673.02.
2673.02 Examiner Issues Right of Appeal Notice (RAN)
This section discusses the Right of Appeal Notice (RAN). A Right of Appeal Notice (RAN) is a final Office action which presents a final decision to reject the claims (i.e., a final decision that the claims are rejected) and/or a final decision favorable to patentability as to the claims (i.e., a final decision not to make a proposed rejection).