Pre-Appeal Brief Request For Review {PTO-AIA-33} | Pdf Fpdf Docx | Official Federal Forms

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Pre-Appeal Brief Request For Review {PTO-AIA-33} | Pdf Fpdf Docx | Official Federal Forms

Last updated: 10/12/2022

Pre-Appeal Brief Request For Review {PTO-AIA-33}

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PTO/AIA/33, PRE-APPEAL BRIEF REQUEST FOR REVIEW, In order to be proper the applicant must file a notice of appeal in compliance with 37 CFR 41.31. The request for pre-appeal brief review must be filed with the filing of the notice of appeal and before the filing of an appeal brief. Form PTO/AIA/33, "Pre-Appeal Brief Request for Review" may be used for filing the request. The request must be accompanied by arguments in a separate paper entitled, "Pre-Appeal Brief Request for Review". The request may not exceed five (5) total pages and should provide a succinct, concise and focused set of arguments for which the review is being requested. Requests are limited to appealable, not petitionable matters. See MPEP § 1201. A request that fails to comply with these requirements should be dismissed. A pre-appeal brief request that is found not compliant cannot be corrected and resubmitted to cure the reason(s) for non-compliance because the corrected request would not meet the requirement that the notice of appeal and pre-appeal brief request be filed on the same date.

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