MPEP 1200

This is the Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

Chapter 1200: Appeal

1201: Introduction

1202: Composition of Board

1203: Administrative Handling

1204: Notice of Appeal

1204.01: Reinstatement of Appeal

1204.02: Pre-Appeal Brief Review Request and Conference Pilot Program

1204.03: Interviews After Notice of Appeal

1204.04: Official Record on Appeal

1205: Appeal Brief

1205.01: Time for Filing Appeal Brief

1205.02: Appeal Brief Content

1205.03: Non-Compliant Appeal Brief and Amended Brief

1206: Amendments and Affidavits or Other Evidence Filed With or After Appeal

1207: Examiner’s Answer

1207.01: Appeal Conference

1207.02: Contents of Examiner’s Answer

1207.03: New Ground of Rejection in Examiner’s Answer

1207.03(a): Determining Whether a Ground of Rejection is New

1207.03(b): Petition to Designate a New Ground of Rejection and to Reopen Prosecution

1207.03(c): Appellant's Reply to New Grounds of Rejection

1207.04: Reopening of Prosecution After Appeal

1207.05: Substitute Examiner’s Answer

1208: Reply Briefs and Fee for Forwarding Appeal

1208.01: Fee for Forwarding an Appeal to the Board

1209: Oral Hearing

1210: Actions Subsequent to Examiner’s Answer but Before Board’s Decision

1211: Remand by Director or Board

1211.01: Remand by Board for Further Consideration of Rejection

1211.02: Remand To Consider Amendment

1211.03: Remand To Consider Affidavits or Declarations

1211.04: Remand by Board for Further Search

1212: Board Requires Appellant to Address Matter

1213: Decision by Board

1213.01: Reserved

1213.02: New Grounds of Rejection by Board

1213.03: Publication of and Public Access to Board Decision

1214: Procedure Following Decision by Board

1214.01: Procedure Following New Ground of Rejection by Board

1214.02: Reserved

1214.03: Rehearing

1214.04: Examiner Reversed in Whole

1214.05: Cancellation of Claims Not Appealed

1214.06: Examiner Sustained in Whole or in Part; Claims Require Action

1214.07: Reopening of Prosecution

1215: Withdrawal or Dismissal of Appeal

1215.01: Withdrawal of Appeal

1215.02: Claims Standing Allowed

1215.03: Partial Withdrawal

1215.04: Dismissal of Appeal

1216: Judicial Review

1216.01: Appeals to the U.S. Court of Appeals for the Federal Circuit

1216.02: Civil Suits Under 35 U.S.C. 145 and 146