Editing MPEP 1204
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A notice of appeal may be filed after any of the claims | A notice of appeal may be filed after any of the claims | ||
has been twice rejected, regardless of whether the | has been twice rejected, regardless of whether the | ||
claim(s) has/have been finally rejected. The limitation | claim(s) | ||
has/have been finally rejected. The limitation | |||
of “twice rejected” does not have to be related | of “twice rejected” does not have to be related | ||
to a particular application. See Ex Parte Lemoine, 46 | to a particular application.See Ex Parte Lemoine, 46 | ||
USPQ2d 1420, 1423 (Bd. Pat. App. & Inter. 1994) | USPQ2d 1420, 1423 (Bd. Pat. App. & Inter. 1994) | ||
(“so long as the applicant has twice been denied a | (“so long as the applicant has twice been denied a | ||
patent, an appeal may be filed”). | patent, an appeal may be filed”). For example, if | ||
any claim was rejected in a parent application, and the | |||
For example, if any claim was rejected in a parent application, and the claim is again rejected in a continuing application, | claim is again rejected in a continuing application, | ||
then applicant can choose to file an appeal in the | then applicant can choose to file an appeal in the | ||
continuing application, even if the claim was rejected | continuing application, even if the claim was rejected | ||
Line 121: | Line 123: | ||
The use of a separate letter containing the notice | The use of a separate letter containing the notice | ||
of appeal is strongly recommended. Appellant | of appeal is strongly recommended. Form PTO/SB/31 | ||
may be used for filing a notice of appeal. Appellant | |||
must file an appeal brief in compliance with 37 CFR | must file an appeal brief in compliance with 37 CFR | ||
41.37 accompanied by the fee set forth in 37 CFR | 41.37 accompanied by the fee set forth in 37 CFR |