1204.02 Pre-Appeal Brief Review Request and Conference Pilot Program [R-11.2013]
When a notice of appeal is filed in an application, appellants may also request a pre-appeal brief review. See "Pre-Appeal Brief Conference Pilot Program," 1296 OG 67 (July 12, 2005) and "Extension of the Pilot Pre-Appeal Brief Conference Program," 1303 OG 21 (February 7, 2006). This program does not apply to reexamination proceedings. Presenting a request for pre-appeal brief review does not change the fee required to file a notice of appeal and does not require a separate fee. No extensions of time to file the request for review later than the notice of appeal are available.
Upon receipt of a properly filed request, a supervisor will designate a panel of appropriate examiners to review the appellant's remarks and the examiner's rejections. Those reviewers will include at least a supervisor and the examiner of record and will have the authority to reopen prosecution if appropriate. The appellant will not be permitted to attend the review and no interviews will be granted prior to issuance of the pre-appeal brief review decision.
For as long as this pilot program remains in effect, submission of a pre-appeal review request may extend the period for filing an appeal brief until a decision is made on the request or the request is otherwise dismissed.