MPEP 1200
Appeal
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