A Way To Improve PTAB Ex Parte Appeals

By William Smith and Allen Sokal (May 9, 2018, 12:02 PM EDT) -- One of the duties of the Patent Trial and Appeal Board is to "on written appeal of an applicant, review adverse decisions of examiners upon applications for patents pursuant to section 134(a)."[1] Appellants typically file a notice of appeal under 35 U.S.C. § 134 after receiving a final office action from the examiner. The appeal brief filed under 37 C.F.R. § 41.37 must explain "why the examiner erred as to each ground of rejection contested by appellant."[2] Thus, the appellant invests significant resources in preparing and filing an appeal brief upon determining that the examiner's findings of fact or reasoning in the office action are factually or legally...

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