What happens when you file an RCE during an appeal before the Board makes a decision?

When a Request for Continued Examination (RCE) is filed during an appeal, it leads to the automatic withdrawal of the appeal. This is because filing an RCE is considered an indication that the applicant wishes to continue prosecution of the application rather than proceed with the appeal process.

Once an applicant opts for an RCE, the case reverts to the examination stage, allowing the applicant to present new or amended claims and potentially address any issues raised by the patent examiner. The appeal process cannot continue concurrently with the prosecution of the application, so the appeal is effectively put on hold, and it is treated as withdrawn at that point.

In this context, any consideration of the case by the Board is halted, underlining the procedural norms surrounding the handling of appeals and RCEs within the patent examination framework.