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M.P.E.P. Section 1210.01, Order for Compliance

This document contains one section of the Manual of Patent Examining Procedure (the "MPEP"), Seventh Edition (July 1998). This page was last updated in April 2000. All of the sections of the MPEP are found in the section index.

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1210.01 Order for Compliance

While the examiner will assume that the real party in interest is the individual or individuals identified in the caption when the real party in interest is not explicitly set out in the brief, the Board may require the appellant to explicitly name the real party in interest. Likewise, while the examiner will assume that there are no related cases when no related case is explicitly set out in the brief, the Board may require the appellant to explicitly identify any related case. When the Board elects to require an explicit statement, an order for compliance with the rule will be entered setting a 1 - month period for reply to the Board's requirement (37 CFR 1.192(d)). Extensions of time are only available under 37 CFR 1.136(b). An entire new brief need not, and should not, be filed. Rather, a simple paper identifying the real party in interest or explicitly stating that the appellant is the real party in interest will suffice. Failure to timely respond to the Board's requirement may result in dismissal of the appeal. See MPEP Section 1215.04 and MPEP Section 711.02(b).

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