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Expert Analysis

Predicting The Success Of Claim-Rejection Appeals

By Sameer Vadera and Kate Gaudry, Kilpatrick Townsend & Stockton LLP (May 15, 2017, 11:23 AM EDT) -- Applicants may seek review of examiners' claim rejections by initiating an appeal with the Patent Trial and Appeal Board. A typical appeal cycle has several stages. First, an appeal brief is filed by the applicant;[1] second, an examiner's answer is issued in response to the appeal brief;[2] and third, a final decision is issued by the PTAB.[3] Appeal entry decisions, however, warrant an applicant's careful consideration because an appeal may result in several potential outcomes that significantly differ with respect to delay, cost and allowance prospects....

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