The statutory period for response to a final rejection in a reexamination proceeding will normally be two (2) months. If a response to the final rejection is filed, the time period set in the final rejection continues to run.
2273 Appeal in Ex Parte Reexamination
MPEP SECTION SUMMARY
A patent owner who is dissatisfied with the primary examiner’s decision to reject claims in an ex parte reexamination proceeding may appeal to the Board for review of the examiner’s rejection by filing a notice of appeal within the required time. A third party requester may not appeal, and may not participate in the patent owner’s appeal.
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2273
The period for filing the notice of appeal is the period set for response in the last Office action which is normally 2 months.
The timely filing of a first response to a final rejection having a shortened statutory period for response is construed as including a request to extend the period for response an additional two months, even if an extension has been previously granted, as long as the period for response does not exceed 6 months from the date of the final rejection.
Where a notice of appeal is defective, the patent owner will be so notified.
If the patent owner does not timely file a notice of appeal and/or does not timely file the appropriate appeal fee, the patent owner will be notified that the appeal is dismissed.
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