The pre-appeal brief conference has proven to be a useful tool in avoiding the time and expense of appealing an Examiner's rejection. Nearly 40% of applicants that file for the pre-appeal brief conference have prosecution reopened and do not have to generate the appeal brief, pay to file the appeal brief, and most importantly wait for the PTAB to issue a decision. The pre-appeal brief conference must be filed by request when filing the Notice of Appeal. Along with the request an argument of no more than 5 pages should accompany the request. Please see the USPTO FAQ for information on how to file the pre-appeal brief conference. |
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