Would the Office accept an appeal brief filed before the effective date of September 13, 2004 that is in compliance with § 41.37(c)?
Yes, a brief filed before September 13, 2004 that is compliant with the new § 41.37(c) will be acceptable. A6. If an appeal brief filed before the effective date of September 13, 2004 fails to comply with the content and format requirements of § 1.192 and the Office mails appellant a Notice that correction is required, would an amended appeal brief filed on or after the effective date be required to be in compliance with § 41.37(c)? No, an amended appeal brief, based on an appeal brief originally filed prior to September 13, 2004, would be acceptable if it complies with either former § 1.192 or § 41.37(c), regardless of when the Office mailed a Notice requiring correction of the noncompliant appeal brief. A7. If, after a final rejection or an appeal, applicant or appellant files an amendment, affidavit or other evidence on or after the effective date, will the revised or new rules in the BPAI Final Rule apply? Any affidavit or other evidence filed after a final rejection, or an appeal,
Related Questions
- If an amendment is filed with a notice of appeal after a second non-final Office action (and not a final rejection), which rule applies to the amendment?
- Would the Office accept an appeal brief filed before the effective date of September 13, 2004 that is in compliance with § 41.37(c)?
- If a notice of appeal is filed before September 13, 2004, the effective date of the BPAI final rule, when is the appeal brief due?
