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[john122]

Hi everyone,

I was wondering whether you can file "Request for Pre-Appeal Brief Review" 1 month after "Notice of Appeal."

[Oh, Crud]

..whether you can file "Request for Pre-Appeal Brief Review" 1 month after "Notice of Appeal."

When last I attempted to use this program, the requirement was that you had to file the request at the same time as filing the notice of appeal. 

I found this OG notice from Dec.2008 that's pretty similar to the one I remember from earlier (ca. 2004 or so).  This one also says it has to be done with the NOA.  What I don't know, though, is whether some later OG notice may have superseded the 2008 one.

http://www.uspto.gov/web/patents/patog/week53/OG/TOCCN/item-227.htm

[JimIvey]

What I don't know, though, is whether some later OG notice may have superseded the 2008 one.

I'm not aware of any.

Moreover, I wouldn't expect one.  Since the deadline for filing the Appeal Brief is at least one month after receiving the decision of the Pre-Appeal Brief Review, I doubt they'd let us file the PABR requests later since it would also defer the deadline for filing the brief.

Regards.