NEW PRE-APPEAL BRIEF CONFERENCE PRACTICE - United 新的pre-appeal简短的会议实践-美国.ppt

November 29, 2007 * What If You Want to Enter Some Other Action After A Request? Any RCE, continuation, or abandonment, any Appeal Brief, any amendment, any affidavit, or any other form of evidence, submitted after making a request for a pre-appeal brief conference, will cause the request to be dismissed. An IDS having no bearing on the request may be submitted, but will not be considered by the panel November 29, 2007 * What If You Want to Enter a Supplement To Your Arguments? No supplemental arguments will be accepted. Supplemental replies will not be entered or considered in the proceedings. November 29, 2007 * What If You Want to Orally Present Your Arguments? No applicant or applicant representative participation or attendance is permitted in a Pre-Appeal Brief Conference November 29, 2007 * Added Review By a Fresh Party At No Cost – Why Don’t I Request Conference As a Matter of Course? Whenever you have a clear case, you should. If the application is going to appeal or be subject to RCE anyway, requesting a conference only delays the process and adds your time and expense of preparing the request. If you do not have a clear case, you will likely be filing an appeal brief anyway. Even if you have a solid argument as to error, you are better off making it first in an after final amendment to the examiner, prior to requesting a conference. You may avoid even needing a conference. November 29, 2007 * Thank You * * November 29, 2007 * Global Intellectual Property Academy Advanced Patents Program Kery Fries, Senior Legal Advisor Mark Polutta, Senior Legal Advisor Office of Patent Legal Administration November 29, 2007 * PRE-APPEAL BRIEF CONFERENCE PRACTICE OVERVIEW TIPS FOR PRACTICE 1296 Off. Gaz. Pat. Office 67 (July 12, 2005) 1303 Off. Gaz. Pat Office 21 (February 7, 2006) November 29, 2007 * Appeals Process Notice of Appeal Pre-Appeal Brief Request (Optional) Appeal Brief Appeal Conference Examiner’s Answer Board of Appeals November 29, 2007 * Pilot