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The USPTO recently announced that the implementation of its new rules regarding practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte appeals were placed on hold. These new rules, as outlined in the first Federal Register excerpt (link below), include changes to clarify that the BPAI is not a tribunal for de novo examination, procedures to determine whether an appellant has established that the Examiner on the case has erred (requiring the appellant to explain why the Examiner has erred, noting that arguments not made are waived), the replacement of a ?summary of the invention? section with a claims and drawing analysis and a means or step plus function analysis, limitations of 30 page briefs (excluding some required items), and others. As noted with the Federal Register delay excerpt (second link below), ?[t]he effective date for the final rule published at 73 FR 32938, June 10, 2008, is delayed, pending completion of [Office of Management and Budget] review of the proposed information collection under the [Paperwork Reduction Act],? whereby ?[t]he Office will issue a subsequent notice identifying a revised effective date on which the final rule shall apply.? According to the USPTO (announcement link below), and until the new BPAI rules go into effect, ?the USPTO will continue to accept appeal briefs in either the current format, or the new format as outlined in the final rule.? No date has been specified for the implementation of the new rules.

Federal Register Excerpt (rules): LINK
Federal Register Excerpt (delay announcement): LINK
USPTO Announcement: LINK

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