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IP: Effective tips for a drafting an appeal brief under new BPAI rules

A good brief addresses specific points of error in the examiner’s rejection

If an applicant chooses to file an appeal, the appeal brief should clearly address the appellant’s issues with the examiner’s rejection. The reply brief should focus on the examiner’s positions in the answer, in order to define the dispositive issues that the Board of Patent Appeals and Interferences (BPAI), soon to be known as the Patent Trials and Appeals Board, needs to resolve.

New BPAI rules

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Andrew Weaver

Andrew Z. Weaver is a partner at Novak Druce + Quigg where his practice is focused on the prosecution and reexaminations of patents. He can be reached...

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