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DOC/PTO RIN: 0651-AC13 Publication ID: Spring 2009 
Title: Changes to Rules of Practice Before the Board of Appeals and Interferences in Inter Partes Appeals 
Abstract: The United States Patent and Trademark Office (USPTO) is revising the rules of practice with respect to inter partes appeals before the Board of Patent Appeals and Interferences. For example, (1) the requirements for filing appeal briefs are changed to reorganize the manner in which the appeal brief and reply brief are presented, (2) lengths of briefs would be established to shorten briefs, (3) times for taking action in an appeal would be reduced, and (4) authority to decide requests for extensions of time to file certain documents would be assigned to the Chief Administrative Patent Judge obtained by petition. The change is not related to the USPTO's Strategic Plan. The change is expected to have some positive impact on the USPTO's appeal backlog and pendency. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 37 CFR 1.959   
Legal Authority: 35 USC 132    35 USC 133    35 USC 134    35 USC 2(b)(2)    35 USC 315    35 USC 6(b)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/00/2009    
NPRM Comment Period End  12/00/2009    
Final Action  05/00/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Fred E. McKelvey
Senior Administrative Patent Judge
Department of Commerce
Patent and Trademark Office
Mail Stop Interference, P. O. Box 1450,
Alexandria, VA 22313
Phone:571 272-9797
Fax:571 273-0042
Email: bpai.rules@uspto.gov