1200 Appeal

1206, I: clarify 1.116 vs. 41.33

1206, I (11/2015) says:

 

> The entry of an amendment (which may not include a new affidavit,declaration, exhibit or other evidence) submitted in an application on appeal is governed by 37 CFR 41.33, not 37 CFR 1.116.

 

However, 37 CFR 41.33(a) states that:

 

> Amendments filed after the date of filing an appeal ... and prior to the date a brief is filed ... may be admitted as provided in ยง1.116 ... .

 

Furthermore, 1204, II mentions "an amendment under ... 1.116 ... submitted with [a] notice [of appeal]." (p.1200-6, left column).

 

Would you please amend 1206, I to clarify that the standard for amendments filed before the brief is 1.116?

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Idea No. 201