Yes, you are correct. Filing the RCE after filing a notice of appeal with the BPAI is the same thing as withdrawing your appeal and filing the RCE.[1] More tha

Yes, you are correct. Filing the RCE after filing a notice of appeal with the BPAI is the same thing as withdrawing your appeal and filing the RCE.[1] More than likely, we can all look forward to a final rejection by the examiner sometime around October, at which point IBM will likely appeal to the BPAI once more. [1] 37 CFR 1.114(d).