Tag Archives: Appeal Rules

USPTO Issues New Guidance On New Rejections On Appeal

The USPTO’s final Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals¬†includes new rules relating to new grounds of rejection on appeal, and new guidance on what constitutes a “new” ground of rejection in an Examiner’s Answer. Although the new rules only apply to cases in which a Notice … Continue reading this entry

USPTO Rules Simplify Ex Parte Appeal Practice

On November 22, 2011, the USPTO issued its final changes to the Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals. The new rules will apply to all cases in which a Notice of Appeal is filed on or after January 23, 2012. Here, I review some of the … Continue reading this entry

Federal Circuit Upholds Board's Strict Interpretation Of Appeal Brief Rule

At first glance, the Federal Circuit decision in In re Lovin didn’t appear very interesting. I know that in a Board appeal you need to argue claims separately if you want the Board to give them separate consideration, and I even know that you need to present those arguments under separate subheadings. But as I … Continue reading this entry

USPTO Proposes To Simplify Patent Appeal Practice

The USPTO has published proposed changes to the rules governing practice before the Board of Patent Appeals and Interferences. While the proposed changes salvage a few elements from the 2008 "Final Rules" that never took effect, the USPTO plans to rescind that rules package. In its place, the USPTO has proposed a rules package that appears to … Continue reading this entry