@Jeremy Stipkala narrowed down the issues facing a patent application to just one prior art rejection, and that rejection was pretty weak. Following a Final Office Action, the strategic filing of a Notice of Appeal and the Pre-Appeal Brief Request led to a thorough examination by a panel of three examiners. They decided the rejection might not hold up on appeal. Their decision to withdraw the rejection not only spared the applicant from the lengthy and costly appeal process to the Patent Trial and Appeal Board but also rekindled the patent application examination process (“patent prosecution”). Here’s the text of wonderful result:
“Reopen Prosecution – A Conference has been held. The rejection is withdrawn and a new Office action will be mailed. No further action is required by applicant at this time. “
By sidestepping the conventional appeal route, which can span two years and incur costs ranging from $5,269 to $9,355 (as per the AIPLA REPORT ON THE ECONOMIC SURVEY, 2023), the approach to file a Pre-Appeal Brief Request proves to be both efficient and economical. Anticipate the possibility of a Notice of Allowance heralding further success!