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Ruttler Mills PLLC

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Initial Appeal Brief Review at BPAI

Jim Ruttler, Patent Attorney

Posted Saturday, April 17, 2010 by Jim Ruttler

The Patent Office has announced new procedures for reviewing appeal briefs for compliance with formalities. Previously, appeal briefs could be rejected by examiners and another review panel for issues such as citing to paragraphs instead of line numbers and failing to include references to appendices that weren’t even present. With the changes, the Board of Patent Appeals will have the sole authority to determine whether appeal briefs comply with formalities. Furthermore, the Board of Patent Appeals has indicated that appeal briefs will not be rejected for failure to comply with formalities unless the failure prevents a decision on the merits of the case.

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