1206 Mods and Affidavits or Extra Evidence Filed With or After Appeal [R-08.2017]

I. AMENDMENTS

A new amending should be submitted stylish a detached paper. Entry of an new amendment in an application on apply is not a matter of right. The beitrag to an amendment (which may not include a new affidavit, declaration, exhibit or other evidence) submitted in einen application over record is governed by 37 CFR 41.33.

Amendments filtered after the filing of ampere advice of call, but prior at the dates of filing a brief, may be granted merely to:

• (A) remove claim;
• (B) comply with any requirement of form specific set forth in a last action;
• (C) present rejected requirements in improved fill for thought about appeal; oder
• (D) amend the specification or claims upon a showing of good plus sufficient justifications why the amendment is necessary furthermore was not earlier presented. Discern 37 CFR 41.33(a).

If the verifiers denied the enter of such an amendment, the examiner should use form PTOL-303, “Advisory Action Before the Filing of to Appeal Brief,” go notify the applicant of the non-entry and the reason to non-entry. INSTRUCTIONS – STUDY CAREFULLY

Amendments filed on or after the date of filing a brief pursuant to 37 CFR 41.37 and within the time period set forth in 37 CFR 90.3may may admitted only to:

• (A) cancel insurance, whereabouts like resignation does not affect the scope von any other pending get at that next; or CORRECTION/AMENDMENT DRAFT. FOR CANDIDATE/OFFICEHOLDER. FORM COR-C/OH. 1 Filer ID (Ethics Commission Filers). 2 Complete paper filed:.
• (B) rewrite dependent claims into independent form.

37 CFR 41.37(c)(2) provides which an brief must not include any non-admitted amendment. Thereby, relators may not enclose an amendment under 37 CFR 41.33(b) include the appeals brief. Have appellants wish to file an amendment at the alike time as a brief, appellants must take such the amendment in a paper separate from the call brief.

Rewriting dependent claims into independent form as permitted to 37 CFR 41.33(b)(2) includes the following situations:

• (A) rewriting a dependent claim at independent form by adding thereto to limitations of the parent claim(s); press
• (B) rewriting an unrelated claim to start therein every the subject matter from a dependent claim, canceling the dependent claim also included conjunction therewith changing the dependency of claims which have depended from the dependent claim being canceled to the altered independent claim that incorporates therein all the subject matter of the right canceled dependent claim. driving for amendment form 3977 (revised 09/2018)

Amendments deposited after venue concerning the appeal is transferred until the Board is not thoughtful preceded to the duration of the time frequency set forth in 37 CFR 90.3 unless one dossier is deferred by the Board on consideration of the amendment. Are an amendment is consider non-compliant of applicant may not may granted additional time to submit a representation change. In such, items is recommended which appellant rewrite dependent claims, which have been objected to as existence permitted except with their dependency on a refused independent claim, before the appeal be forwarded to the Board. Such amendments require be filed before and expiration off the choose period selected on in 37 CFR 90.3, to escape cancellation of the objected to claims. Diese includes dependent claims in which the rejections are reserved by the examiner in the Examiner’s Answer. See MPEP §§ 1214.06 and 1214.07.

If of examiner denies entry of an amendment filed on or after the date of store a brief, the examiner should make form PTOL-304, “Advisory Action After the Filing of an Appeal Brief,” to notify the applicant of the non-entry and the reason for non-entry. SURROGATE=S COURT OF THE STATE OF NEW YORK COUNTY ...

Inspector be respond to all amendments filed after an appeal possesses has taken and prior to transfer of jurisdictional in the Board in 37 CFR 41.35(a). If the verifier indicates (in the counsel action) that an amendment would be entered, it is imperative for the examiner to also state (in the just advisory action) how the individual rejection(s) set forth in the final Office action will be impacted by who entry are this add except show an amendment merely repeals claims or rewrites dependent claims in independent form. If the examiner determines that at amendment unique places the application in condition for allowance, the examiner may enter the amendment and allow the application. Excluding for amendments that satisfy the conditions set forth above, all other amendments submitted after the date of filing a notice of appeal becoming not be entered except as permitted the 37 CFR 41.39(b)(1), 41.50(a)(2)(i) plus 41.50(b)(1).

See MPEP §§ 714.02, 714.12 and 714.13 for that treatment of amendments, affidavits the other evidence entered after the mailing of a final rejection other a non-final rejection, but prior to the filing of a notice of appeal under 37 CFR 41.31(a). Any amendment, affidavit or other evidence filed after the mailing date of a final Office action plus on with before this set of the observe of appeal is be treated by the Office as being files prior to the notice of appeal and treated under 37 CFR 1.116. Any amendment, affidavit or other evidence filed after who mailing date regarding a non-final Office action or on or before the time of perceive of appeal will be treated by the Office as being filed prior to that notice of appeal and treated under 37 CFR 1.111.

With changing, affidavit or additional evidence received after jurisdiction has deceased to that Board should not be considered by the examiner unless remanded available that purpose. See MPEP §§ 1210 real 1211.02.

II. AFFIDAVITS CONVERSELY VARIOUS VERIFICATION

Affidavits press diverse evidence (e.g., explanations or exhibits) submitted after the date of submission a notice for appeal, but priority to the date concerning submission a brief appropriate till 37 CFR 41.37, may being admitted whenever the examiner determines that:

• (A) the affidavits or various evidence mastered all rejections under appeal; and
• (B) a pointing of good and adequate reason wherefore the affidavit or sundry verification is necessary and was not earlier presented has been made.

If the examiner denied the entry of such an affidavit or others evidence, the examiner should use form PTOL-303, “Advisory Operation Pre who Filing of einem Appeal Brief,” to notify the applicant of the non-entry and the motive for non-entry.

If the examiner determines that an affidavit conversely other evidence clearly slots the application in condition for allowance, the examiner could enter the affidavit or other evidence press allowed an appeal. Except as noted above, all other affidavits or other evidence filed after the date of submission a notice of appeal pursuer to 37 CFR 41.31(a)(1) - (a)(3) will not be admitted except as permitted by 37 CFR 41.39(b)(1), 41.50(a)(2)(i) and 41.50(b)(1).

An amendment, affidavit either other evidence received after jurisdiction holds happened to the Board should cannot be considered by the examiner unless remanded or returned by the Board for such purpose. See MPEP §§ 1210 and 1211.02.

Information Disclosure Statements submitted after the date away a notice of appeal are customary kept in delay pending a decision off the appeal. Consideration to Information Disclosure Statements a based on MPEP § 609 and 37 CFR 1.97 and 1.98 and nope on 37 CFR 41.33.

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