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Procedure for Treating Rejected Claims That Are Not Being Appealed

The United States Patent and Trademark Office (USPTO) is considering changes to the procedure for handling notices of appeal and appeal briefs that identify fewer than all of the rejected claims as being appealed. Under the proposed procedure, if appellant files a notice of appeal, or an appeal brief, that clearly identifies fewer than all of the rejected claims as being appealed, the non-appealed rejected claims would be deemed canceled by operation of this action on the part of the appellant as of the date on which such a notice of appeal, or appeal brief, is filed, regardless of whether the appellant also files an amendment canceling the non-appealed rejected claims. The USPTO is requesting comments from the public regarding the proposed procedure set forth in this notice.

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Current entry point
www.federalregister.gov/documents/2009/12/14/E9-29641/procedure-for-treating-rejected-claims-that-are-not-being-appealed (permanent link in the Federal Register, verified 2026-09-30)
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Published
2009-12-14
Document type
Notice
Source
USPTO documents published in the Federal Register (Federal Register API)(retrieved 2026-10-06)

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