If prosecution is reopened and a subsequent appeal is taken, will applicant be required to again file a notice of appeal and an appeal brief and pay the notice of appeal and appeal brief fees?

If appellant wishes to file a second appeal, appellant must file a second notice of appeal and an appeal brief in compliance with § 41.37(c)(1). Once the notice of appeal and appeal brief fees have been paid, however, a second set of notice of appeal and appeal brief fees will not be required except if a final Board decision has been made on the first appeal. See Rules of Practice Before the Board of Patent Appeals and Interferences, 69 Fed.

Reg. 49959 PDF, 49975 (August 12, 2004) (final rule)), answer to Comment 44. If, however, the fees set forth in 37 CFR 41.20 have increased since they were previously paid, then applicants must pay the difference between the current fee(s) and the amount previously paid.

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