1203.02(d) Extension of Time for Filing Brief
An extension of time for filing an appeal brief in an ex parte appeal to the Board may be granted by the Board upon written request showing good cause for the requested extension. [ Note 1.] The determination of good cause will be based upon all relevant circumstances, including the length of time of any previously granted extensions. Thus, a reason such as the press of other business, which may be sufficient to show good cause for a first extension of thirty days, may not be sufficient for a second extension of time. Depending on the totality of the circumstances, good cause has been found when there has been an appointment of a new attorney, illness, the need to get instructions from a foreign applicant, and attempting to negotiate a consent agreement. If a request is found not to be sufficient to warrant an extension, the Board may allow applicant a limited period of time, such as ten days, in which to file the appeal brief, or may grant the requested extension, but advise that no further extensions will be granted absent a showing of extraordinary circumstances.
NOTES:
1. See In re Miller Brewing Co., 226 USPQ 666, 667 n.4 (TTAB 1985). See also In re Tennessee Walking Horse Breeders’ and Exhibitors’ Association, 223 USPQ 188, 188 n.3 (TTAB 1984).