Prosecution Pointer 385
By Publisher
Under 37 C.F.R. § 41.31, an Applicant may appeal to the PTAB from a decision of an examiner when the claims have been twice rejected. If the claims have not been twice rejected, a notice of appeal would be premature and the Pre-Appeal Conference Request, if filed, would be dismissed. A Pre-Appeal Conference Request may be filed in a reissue application.
Originally published at finnegan.com
Citation
Publisher, Prosecution Pointer 385, Prosecution First Blog (June 14, 2023) [The Library at LexBlog, LEX-WK-M2BCPBGR, lexpid.org/M2BCPBGR]
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