{"abstract":"The United States Patent and Trademark Office (USPTO or Office) amends the rules governing practice before the Board of Patent Appeals and Interferences (Board or BPAI) in ex parte patent appeals. The Office amends the rules to: Remove several of the briefing requirements for an appeal brief, provide for the Board to take jurisdiction over the appeal earlier in the appeal process, no longer require examiners to acknowledge receipt of reply briefs, create specified procedures under which an appellant can seek review of an undesignated new ground of rejection in either an examiner's answer or in a Board decision, provide that the Board will presume that the appeal is taken from the rejection of all claims under rejection unless cancelled by an applicant's amendment, and clarify that, for purposes of the examiner's answer, any rejection that relies upon Evidence not relied upon in the Office action from which the appeal is taken shall be designated as a new ground of rejection. The Office also withdraws a previously published final rule that never went into effect.","action":"Final rule.","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"United States Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2011/11/22/2011-29446.html","cfr_references":[{"chapter":null,"citation_url":null,"part":1,"title":37},{"chapter":null,"citation_url":null,"part":41,"title":37}],"citation":"76 FR 72270","comment_url":null,"comments_close_on":null,"correction_of":null,"corrections":[],"dates":"Effective Date: This rule is effective on January 23, 2012 except withdrawal of the final rule published June 10, 2008 (73 FR 32938) and delayed indefinitely on December 10, 2008 (73 FR 74972) is effective November 22, 2011.","disposition_notes":null,"docket_ids":["No. PTO-P-2009-0021"],"dockets":[],"document_number":"2011-29446","effective_on":"2012-01-23","end_page":72299,"executive_order_notes":null,"executive_order_number":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2011/11/22/2011-29446.xml","html_url":"https://www.federalregister.gov/documents/2011/11/22/2011-29446/rules-of-practice-before-the-board-of-patent-appeals-and-interferences-in-ex-parte-appeals","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/2011-29446?publication_date=2011-11-22","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2011-11-22/2011-29446/mods.xml","not_received_for_publication":null,"page_length":30,"page_views":{"count":2345,"last_updated":"2026-10-24 20:15:05 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2011-11-22/pdf/2011-29446.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2011-29446.pdf?1321883583","publication_date":"2011-11-22","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2011/11/22/2011-29446.txt","regulation_id_number_info":{"0651-AC37":{"issue":"201104","html_url":"https://www.federalregister.gov/regulations/0651-AC37/rules-of-practice-before-the-board-of-patent-appeals-and-interferences-in-ex-parte-appeals-request-f","title":"Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Request for Comments and Notice of Roundtable","xml_url":"http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=0651-AC37&operation=OPERATION_EXPORT_XML","priority_category":"Other Significant"}},"regulation_id_numbers":["0651-AC37"],"regulations_dot_gov_info":{"checked_regulationsdotgov_at":"2011-12-10T12:05:10Z"},"regulations_dot_gov_url":null,"significant":true,"signing_date":null,"start_page":72270,"subtype":null,"title":"Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals","toc_doc":"Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals","toc_subject":null,"topics":["Administrative practice and procedure","Courts","Freedom of information","Inventions and patents","Lawyers","Reporting and recordkeeping requirements","Small businesses"],"type":"Rule","volume":76}