How can amendments filed in appeal be submitted to reopen prosecution?

Filing a Request for Continued Examination (RCE) along with the associated RCE fee is a recognized procedure for reopening prosecution after an appeal has been filed. An RCE allows the applicant to submit new or amended claims or arguments while keeping the application pendently under examination rather than going through the appeals process. This mechanism is particularly useful as it gives applicants a chance to address any issues identified by the examiner or to introduce new information without entirely starting over in a new application.

In contrast, simply submitting a notice of appeal initiates a formal appeal process and does not offer a pathway to amend claims within the prosecution. An informal request does not hold the same weight or formality as submitting an RCE and may not guarantee that the application will be reopened for prosecution. Additionally, withdrawing all pending claims would typically lead to the abandonment of the application rather than providing a means to amend or pursue the claims further. Therefore, the RCE option is the most effective and formal method allowed under the rules for reopening prosecution while an appeal is pending.