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	<title>Comments on: Q) Notice of Appeal</title>
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		<title>By: Danny</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-16042</link>
		<dc:creator>Danny</dc:creator>
		<pubDate>Mon, 19 Sep 2011 03:10:04 +0000</pubDate>
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		<description>Actually, to rephrase, the parent can&#039;t be dead before the continuation occurs. But once it occurs, the parent is then abandoned.</description>
		<content:encoded><![CDATA[<p>Actually, to rephrase, the parent can&#8217;t be dead before the continuation occurs. But once it occurs, the parent is then abandoned.</p>
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		<title>By: Danny</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-16041</link>
		<dc:creator>Danny</dc:creator>
		<pubDate>Mon, 19 Sep 2011 03:06:51 +0000</pubDate>
		<guid isPermaLink="false">http://mypatentbar.com/2008/08/01/420/#comment-16041</guid>
		<description>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.</description>
		<content:encoded><![CDATA[<p>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.</p>
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		<title>By: EZ</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-15376</link>
		<dc:creator>EZ</dc:creator>
		<pubDate>Tue, 06 Sep 2011 20:47:21 +0000</pubDate>
		<guid isPermaLink="false">http://mypatentbar.com/2008/08/01/420/#comment-15376</guid>
		<description>To me the confusing part is what is implied by the statement in the continuation. It seems to imply that the extension fee is not paid in the parent application.

If so, combining the stimulus with choice (D), the story would be that a petition for an extension of time was filed in the parent, but the extension fee was to be covered by the child.

According to this paragraph in MPEP:
&quot;Applicants are cautioned that an extension of time will not be effected in the prior application by filing a petition for an extension of time, extension fee, or fee authorization, in the continuing application,&quot;
the extension for parent is not effected. Therefore the parent and the child are both abandoned. So choice (C) seems to be the correct one.</description>
		<content:encoded><![CDATA[<p>To me the confusing part is what is implied by the statement in the continuation. It seems to imply that the extension fee is not paid in the parent application.</p>
<p>If so, combining the stimulus with choice (D), the story would be that a petition for an extension of time was filed in the parent, but the extension fee was to be covered by the child.</p>
<p>According to this paragraph in MPEP:<br />
&#8220;Applicants are cautioned that an extension of time will not be effected in the prior application by filing a petition for an extension of time, extension fee, or fee authorization, in the continuing application,&#8221;<br />
the extension for parent is not effected. Therefore the parent and the child are both abandoned. So choice (C) seems to be the correct one.</p>
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		<title>By: Bob</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-14231</link>
		<dc:creator>Bob</dc:creator>
		<pubDate>Wed, 10 Aug 2011 19:43:45 +0000</pubDate>
		<guid isPermaLink="false">http://mypatentbar.com/2008/08/01/420/#comment-14231</guid>
		<description>Question: If you receive a final office action on 4/15/2011 and submit a notice of appeal along with a pre appeal response within the 2 months time period, but receive from the pre appeal panel a notice to proceed to the board in 7/15/11.  If you elect to file an RCE do you still have to pay an extension of time?</description>
		<content:encoded><![CDATA[<p>Question: If you receive a final office action on 4/15/2011 and submit a notice of appeal along with a pre appeal response within the 2 months time period, but receive from the pre appeal panel a notice to proceed to the board in 7/15/11.  If you elect to file an RCE do you still have to pay an extension of time?</p>
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		<title>By: BigBadVoodoDaddy</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-12720</link>
		<dc:creator>BigBadVoodoDaddy</dc:creator>
		<pubDate>Fri, 01 Jul 2011 19:32:51 +0000</pubDate>
		<guid isPermaLink="false">http://mypatentbar.com/2008/08/01/420/#comment-12720</guid>
		<description>Per the above discussion. C is the correct statement.
Nothing prevents an applicant from petitioning that the application have an authorization for extensions of time (in this case it will not be valid to extend time for application A, but nonetheless it is a constructive petition)

But choice D does allow you to get an automatic extension for the parent and allows copendency and hence is the right answer.</description>
		<content:encoded><![CDATA[<p>Per the above discussion. C is the correct statement.<br />
Nothing prevents an applicant from petitioning that the application have an authorization for extensions of time (in this case it will not be valid to extend time for application A, but nonetheless it is a constructive petition)</p>
<p>But choice D does allow you to get an automatic extension for the parent and allows copendency and hence is the right answer.</p>
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		<title>By: BigBadVoodoDaddy</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-12719</link>
		<dc:creator>BigBadVoodoDaddy</dc:creator>
		<pubDate>Fri, 01 Jul 2011 19:28:59 +0000</pubDate>
		<guid isPermaLink="false">http://mypatentbar.com/2008/08/01/420/#comment-12719</guid>
		<description>Yes D is the right answer.
Unfortunately all the C answers are quite misleading.
C is a correct statement, however not the right answer.
Meaning that - if the petition for extension is filed in the continuation, then it is not valid, however D provides the cure there and hence is correct.

1.  the petition for an extension of time is fairly informal under 1.136, one only need the fee and petition. So if that is taken care of in the parent application
2. the child (in this case the continuation) will be filed prior to abandonment of the parent and thats it - you are good to go.</description>
		<content:encoded><![CDATA[<p>Yes D is the right answer.<br />
Unfortunately all the C answers are quite misleading.<br />
C is a correct statement, however not the right answer.<br />
Meaning that &#8211; if the petition for extension is filed in the continuation, then it is not valid, however D provides the cure there and hence is correct.</p>
<p>1.  the petition for an extension of time is fairly informal under 1.136, one only need the fee and petition. So if that is taken care of in the parent application<br />
2. the child (in this case the continuation) will be filed prior to abandonment of the parent and thats it &#8211; you are good to go.</p>
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		<title>By: BigBadVoodoDaddy</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-12718</link>
		<dc:creator>BigBadVoodoDaddy</dc:creator>
		<pubDate>Fri, 01 Jul 2011 19:14:32 +0000</pubDate>
		<guid isPermaLink="false">http://mypatentbar.com/2008/08/01/420/#comment-12718</guid>
		<description>LM - I respectfully disagree.

1. Automatic extensions are available. That is what 1.136 (a) that you have quoted is. You can request that even after the period for reply (SSP) ends before the statutory period ends, unlike the 1.136 (b) where you have to request it before the period of reply ends.
The reason for that is the fees - are almost double (in the unintentional vs unavoidable or for cause scenarios)
2. Given the above, one can file a petition for an extension for the parent and since the parent application is NOT abandoned at this point 
3. File a continuation.
HENCE THE ANSWER IS &quot;D&quot;

Even after the appeal goes abandoned (see 1205.01 - last 3 paragraphs). one can file a petition to revive and along with it file a RCE or a continuation or an appeal brief .

So to summarize.
1. appeal brief - gets automatic extension 5 mos
2. continuing application cannot have notice for extension of time for parent. The parent must have explicit extension.
3. filing a continuation or a rce after filing for an extension of time on an appeal is actually the technique other people have refered to above where in they can actually buy time to continue prosecution</description>
		<content:encoded><![CDATA[<p>LM &#8211; I respectfully disagree.</p>
<p>1. Automatic extensions are available. That is what 1.136 (a) that you have quoted is. You can request that even after the period for reply (SSP) ends before the statutory period ends, unlike the 1.136 (b) where you have to request it before the period of reply ends.<br />
The reason for that is the fees &#8211; are almost double (in the unintentional vs unavoidable or for cause scenarios)<br />
2. Given the above, one can file a petition for an extension for the parent and since the parent application is NOT abandoned at this point<br />
3. File a continuation.<br />
HENCE THE ANSWER IS &#8220;D&#8221;</p>
<p>Even after the appeal goes abandoned (see 1205.01 &#8211; last 3 paragraphs). one can file a petition to revive and along with it file a RCE or a continuation or an appeal brief .</p>
<p>So to summarize.<br />
1. appeal brief &#8211; gets automatic extension 5 mos<br />
2. continuing application cannot have notice for extension of time for parent. The parent must have explicit extension.<br />
3. filing a continuation or a rce after filing for an extension of time on an appeal is actually the technique other people have refered to above where in they can actually buy time to continue prosecution</p>
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	<item>
		<title>By: H</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-9098</link>
		<dc:creator>H</dc:creator>
		<pubDate>Thu, 31 Mar 2011 23:38:06 +0000</pubDate>
		<guid isPermaLink="false">http://mypatentbar.com/2008/08/01/420/#comment-9098</guid>
		<description>I think LM nailed it.  I was thinking the answer was D until I got to his/her direct quote from the MPEP cautioning that petitions extensions of time must be directed toward the application to which it pertains.  I think this is right on the money.  

C is correct, imo.</description>
		<content:encoded><![CDATA[<p>I think LM nailed it.  I was thinking the answer was D until I got to his/her direct quote from the MPEP cautioning that petitions extensions of time must be directed toward the application to which it pertains.  I think this is right on the money.  </p>
<p>C is correct, imo.</p>
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	<item>
		<title>By: LM</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-7713</link>
		<dc:creator>LM</dc:creator>
		<pubDate>Fri, 18 Feb 2011 02:23:56 +0000</pubDate>
		<guid isPermaLink="false">http://mypatentbar.com/2008/08/01/420/#comment-7713</guid>
		<description>YesUCan:

I feel answer is C

= there is NO automatic extension and one need to file petition as given below:
1205
In the event that the appellant finds that he or she is unable to file a brief within the time period allotted by the *&gt;rule&lt;, he or she may file a petition, with fee, to the Technology Center (TC), requesting additional time under 37 CFR 1.136(a). Additional time in excess of 5 months will not be granted unless extraordinary circumstances are involved under 37 CFR 1.136(b). The time extended is added to the calendar day of the original period, as opposed to being added to the day it would have been due when said last day is a Saturday, Sunday, or Federal holiday.

In addition, as given under previous post of Matt-
Ok, I found it in 710.02(e):

“Applicants are cautioned that an extension of time will not be effected in the prior application by filing a petition for an extension of time, extension fee, or fee authorization, in the continuing application. This is because the petition for an extension of time (or constructive petition under 37 CFR 1.136(a)(3)) must be directed toward and filed in the application to which it pertains in accordance with 37 CFR 1.4 and 1.5.”

Reading in conjunction, one can draw that one need to file seperate applicaiton/petition for extension and can not be direct to deduct fees in the cover letter of another applicatoin = therefore answer C is correct in my assessment - any thoughts - if no independent extension application in Appeal then appeal abandons and no copendency with other application</description>
		<content:encoded><![CDATA[<p>YesUCan:</p>
<p>I feel answer is C</p>
<p>= there is NO automatic extension and one need to file petition as given below:<br />
1205<br />
In the event that the appellant finds that he or she is unable to file a brief within the time period allotted by the *&gt;rule&lt;, he or she may file a petition, with fee, to the Technology Center (TC), requesting additional time under 37 CFR 1.136(a). Additional time in excess of 5 months will not be granted unless extraordinary circumstances are involved under 37 CFR 1.136(b). The time extended is added to the calendar day of the original period, as opposed to being added to the day it would have been due when said last day is a Saturday, Sunday, or Federal holiday.</p>
<p>In addition, as given under previous post of Matt-<br />
Ok, I found it in 710.02(e):</p>
<p>“Applicants are cautioned that an extension of time will not be effected in the prior application by filing a petition for an extension of time, extension fee, or fee authorization, in the continuing application. This is because the petition for an extension of time (or constructive petition under 37 CFR 1.136(a)(3)) must be directed toward and filed in the application to which it pertains in accordance with 37 CFR 1.4 and 1.5.”</p>
<p>Reading in conjunction, one can draw that one need to file seperate applicaiton/petition for extension and can not be direct to deduct fees in the cover letter of another applicatoin = therefore answer C is correct in my assessment &#8211; any thoughts &#8211; if no independent extension application in Appeal then appeal abandons and no copendency with other application</p>
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		<title>By: YesUCan</title>
		<link>http://mypatentbar.com/2008/08/01/420/#comment-7707</link>
		<dc:creator>YesUCan</dc:creator>
		<pubDate>Fri, 18 Feb 2011 00:00:40 +0000</pubDate>
		<guid isPermaLink="false">http://mypatentbar.com/2008/08/01/420/#comment-7707</guid>
		<description>1205.01
Although failure to file the brief &gt;and the required
appeal brief fee&lt; within the permissible time will
result in dismissal of the appeal, if any claims stand
allowed, the application does not become abandoned
by the dismissal, but is returned to the examiner for
action on the allowed claims. See MPEP § 1215.04.  

Could A be the right answer? It is unclear whether the application automatically become abandoned even if no appeal brief is filed. 
And the question did give a specific authorization to pay the 5 month extension fee?</description>
		<content:encoded><![CDATA[<p>1205.01<br />
Although failure to file the brief &gt;and the required<br />
appeal brief fee&lt; within the permissible time will<br />
result in dismissal of the appeal, if any claims stand<br />
allowed, the application does not become abandoned<br />
by the dismissal, but is returned to the examiner for<br />
action on the allowed claims. See MPEP § 1215.04.  </p>
<p>Could A be the right answer? It is unclear whether the application automatically become abandoned even if no appeal brief is filed.<br />
And the question did give a specific authorization to pay the 5 month extension fee?</p>
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