Intellectual Property Forums - Continuation and Appeal

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   Continuation and Appeal

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Topic: Continuation and Appeal (Read 716 times)

bluesky
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Posts: 28

Continuation and Appeal
« on: Mar 27^th, 2007, 10:29am »

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Question:

A continuation application of course must be filed before...termination of proceedings on the prior action.

Say, in the parent application, after a Final Office Action, a Notice of Appeal and actual Appeal Brief have been filed.

Can a continuation application still be filed? If so, up until what point?

If not, when did proceedings terminate for purposes of 37 CFR 1.53(d)?

I haven't found any rules directly on point yet regarding appeals and contination applications.

Thanks.

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Isaac
Senior Member

Posts: 3472

Re: Continuation and Appeal
« Reply #1 on: Mar 27^th, 2007, 11:46am »

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on Mar 27^th, 2007, 10:29am, bluesky wrote:

A continuation application of course must be filed before...termination of proceedings on the prior action.

A continuation must be filed during the pendency of the parent application. Rephrasing that to generally mean "before termination of proceedings on the prior action" is going to create more questions than it answers.

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Say, in the parent application, after a Final Office Action, a Notice of Appeal and actual Appeal Brief have been filed.

Yes you can file a continuation under those circumstances.

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Isaac

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