MPEP 1200 Flashcards

1
Q

Reply Briefs are only available during ______ and

must be submitted within _ months and

______ be extended for __________, not

________

A

Appeal

2

may cause

automatically

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2
Q

If appellant fails to respond to an examiner’s answer that contains a new ground of rejection, the appeal will be:

A

dismissed as to the claims subject to the new ground of rejection.

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3
Q

If appellant fails to respond to an examiner’s answer that contains a new ground of rejection and all of the claims under appeal are subject to the rejection:

A

the entire appeal will be dismissed.

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4
Q

If an appeal brief does not contain a statement of the real party in interest, the Office may:

A

assume that the named inventor or inventors are the real party in interest.

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5
Q

The filing of a post-appeal RCE will be treated as:

A

a withdrawal of the appeal, regardless of whether the RCE includes the appropriate fee or a submission.

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6
Q

Filing a post-appeal RCE with no allowed claims will:

But an application having allowed claims will.

A

Lead to abandonment of the application

be passed to issue with the allowed claims

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7
Q

Upon withdrawal of appeal, claims which are allowable except for their dependency from rejected claims will be :

A

treated as if they were rejected.

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8
Q

After appeal board Board decision where one or more claims stand allowed, if a dependent claim is rejected based on it’s dependency to a rejected independent claim but is otherwise allowable, the applicant will receive:

A

no time to rewrite the claim into independent form

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9
Q

To be eligible for appeal, rejection of claims and office actions concerning restriction must be:

A

final

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10
Q

The Appeal Brief is due _______ after the Office receives the Notice of Appeal, and the filing of the Appeal Brief is ______ extendable.

A

2 months;

fully;

This means you have two months plus the 5 MONTHS of automatic extension available (for a total of 7 months!)

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