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 before the Patent Trial and Appeal Board (PTAB) makes a decision, it effectively results in the withdrawal of the appeal. This is grounded in the procedural rules governing patent appeals and RCEs.

Upon filing an RCE, the application returns to the examining phase in the patent office, allowing the applicant to amend claims or submit additional evidence to support their application. By taking this action, it indicates the applicant's intention to pursue further examination rather than awaiting a decision from the Board on their current appeal.

The option regarding forwarding the appeal to a higher court is not applicable here; appeals to higher courts typically only happen after a final decision from the Board. Additionally, the application does not automatically get abandoned if an RCE is filed, nor are claims automatically disallowed in this scenario. Instead, the correct procedure indicates that the ongoing appeal ceases, and prosecution can continue, giving the applicant a chance to address any issues raised previously by the examiners.