In the most recent publication of the Federal Register (Vol. 75, No. 100), the United States Patent and Trademark Office (USPTO) announced a new procedure for the review of appeal briefs filed in ex parte reexamination proceeding appeals. The intention is to increase the efficiency of the appeal process and to reduce the overall pendency of appeals. Briefly, the sole responsibility for determining whether appeal briefs filed in ex parte reexamination proceeding appeals comply with the regulations outlined in 37 C.F.R. 41.37 will be taken on by the Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee. The goal is for the Chief Judge or designee to complete the determination within one month from the filing of the appeal brief and will thereafter forward the appeal brief to the examiner if the brief is in compliance. If one or more regulations are found to be non-compliant, the Chief Judge or designee will send the appellant a notice of noncompliant brief requiring a corrected brief. The appellant will be required to file a corrected brief within the time period set forth in the notice to avoid the dismissal of the appeal. The Chief Judge or designee will continue the responsibilities outlined above for corrected briefs and will address any inquiries and petitions regarding notices of noncompliant briefs. In effect, this streamlined process eliminates duplicate reviews by the examiner and the BPAI.

This new streamlined procedure is applicable to appeal briefs filed in ex parte reexamination proceedings on or after May 25, 2010. It does not apply to inter partes reexamination proceedings; however, the USPTO is considering a streamlined procedure for these as well.