Re: Appeal Procedure

Subject: Re: Re: Appeal Procedure

Comments:
: : For securing pendency of the application after receiving the final Office Action, we believe that the Notice of Appeal (so-called "Stop-Gap-Appeal") may be filed during the time period for the response to the final Office Action. Once the Notice of Appeal is filed, there would remain two alternatives for keeping the application in force, i.e., to file an Appeal Brief or to file a response to the "pending final Office Action"? The latter approach is possible even if no response except a Notice of Appeal is filed within six months after the mailing of the final Office Action? : Dear Mr. Enomori, : The theory seems correct but the practice looks questionable. : Why file the notic of appeal until all other actions have been exhausted? : An amendment or interview and amendment might obtain allowance. If all else fails then within the time limit the notice of appeal can be filed. : A telephone interview might also be helpful. : I don't want to do the research to verify, it is possible that the filing of the notice of appeal may take the case out of the hand of the examiner and make it more difficult to amend and reach a satisfactory result. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any patent idea. See a lawyer.
Before you post a message you must agree to the Terms of Use.