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Can I file a divisional application after an appeal against the Examiner’s decision to reject the application has been filed?

April 26, 2017appeal application decision divisional Examiner file filed reject

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Can I file a divisional application after an appeal against the Examiner’s decision to reject the application has been filed?

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If the Appeal Examiner issues a Notice of Reasons for Rejection during the appeal, you can file divisional applications within 60 days (or three months plus a maximum extendible period of three months for foreign applicants) of the Notice. However, it is very rare that the Appeal Examiner issues a Notice of Reasons for Rejection during the appeal.