Comments on: Q) Notice of Appeal

By: Keener

Keener — Sat, 19 May 2012 20:17:21 +0000

Has anyone see this question on a recent test?

By: Sol

Sol — Sat, 07 Apr 2012 05:07:20 +0000

OMG, my brain burt. Sorry again,

If there are allowable claims, after the last day to file appeal brief, and no appeal brief is filed, the appeal is dismissed. App A is still PENDING until issurance. (not notice of allowance). Am I correct this time?

By: Sol

Sol — Sat, 07 Apr 2012 04:56:28 +0000

To correct my self.

No allowable claims, A abandoned, no copending with B after the last day. B is living alone.
If no claims stand allowed, an application is considered as abandoned on the date the brief was due.

With allowable claims, A is not abandoned after the last day, pending(thus copending with B) until a notice of allowance; thereafter, B is living alone.

If claims stand allowed in an application, the failure to file a brief and consequent dismissal of the appeal is to be treated as a withdrawal of the appeal.

AND If an application contains allowed claims, as well as claims on appeal,the withdrawal of the appeal does not operate as an abandonment of the application, but is considered a withdrawal of the appeal as to those claims and authority to the examiner to cancel the same.

By: Sol

Sol — Sat, 07 Apr 2012 04:44:51 +0000

sorry my analysis assume no allowable claims in app A. If there are allowable claims, then A is not abandoned but not pending either. The prosecution is terminated in regard to A (I am not 100% sure here).

By: Sol

Sol — Sat, 07 Apr 2012 04:41:59 +0000

or App continue to live for a proper RCE (in addtion to the Appeal choice of living)

By: Sol

Sol — Sat, 07 Apr 2012 04:40:56 +0000

C is wrong, because App B is born anyway (pending). It is a new application.It is not abandoned (or even examined). A child is living even if the child claimed a dead parent.

As to “copending”, it is essentially asking if App A is still living. Answere is No per Matt’s analysis.

If an EOT is filed in App A, A will be living until the last day of 7 month, and A+B are copending until then unless A is breathing more air for a timely filed appeal brief.

By: Sol

Sol — Sat, 07 Apr 2012 04:27:46 +0000

Totally agree with your analysis.

By: Sol

Sol — Sat, 07 Apr 2012 04:25:26 +0000

Does everyone forget? or I am not awake?

Continuation is another application. As long as it is filed while the parent is still pending, it is a legimate child.

The continuation was born! It is living the dream of its parent application now

Of course, the parent is DEAD (abandoned) after 7 months if no appeal is not filed.

By: Danny

Danny — Mon, 19 Sep 2011 03:10:04 +0000

Actually, to rephrase, the parent can’t be dead before the continuation occurs. But once it occurs, the parent is then abandoned.

By: Danny

Danny — Mon, 19 Sep 2011 03:06:51 +0000

By definition, a continuation under 1.53(d) results in death of parent-thank you John White. Thus, for a continuation to occur, the parent must have been abandoned. So, i think that there was perhaps a bit more to the question or answer choices to fit that tid bit in.