¶ 26.54.012    Nonappealable Issue in Brief

NON-APPEALABLE ISSUE(S)

The [1] brief presents arguments relating to [2]. This issue relates to petitionable subject matter under 37 CFR 1.181  and not to appealable subject matter. See MPEP § 1002 and § 1201.

Examiner Note:

1. In bracket 1, identify the brief containing the petitionable issues. For example, "appellant third party requester Jones" or "appellant patent owner" can be used where appropriate.

2. When more than one brief has a petitionable issue, this form paragraph should be used for each of these briefs.