Code of Federal Regulations (alpha)

CFR /  Title 37  /  Part 41  /  Sec. 41.45 Appeal forwarding fee.

(a) Timing. Appellant in an application or ex parte reexamination proceeding must pay the fee set forth in Sec. 41.20(b)(4) within the later of two months from the date of either the examiner's answer, or a decision refusing to grant a petition under Sec. 1.181 of this chapter to designate a new ground of rejection in an examiner's answer.

(b) Failure to pay appeal forwarding fee. On failure to pay the fee set forth in Sec. 41.20(b)(4) within the period specified in paragraph (a) of this section, the appeal will stand dismissed.

(c) Extensions of time. Extensions of time under Sec. 1.136(a) of this title for patent applications are not applicable to the time period set forth in this section. See Sec. 1.136(b) of this title for extensions of time to reply for patent applications and Sec. 1.550(c) of this title for extensions of time to reply for ex parte reexamination proceedings. [78 FR 17107, Mar. 20, 2013]