No. 20
REVISED PROCEDURE FOR APPEAL CASES
A. What is an "appeal"? An appeal, in Copyright Office terminology, is a request for reconsideration following the taking of some final action. The final action involved is usually a "rejection" (that is, the refusal to register a claim on grounds of uncopyrightability or failure to meet statutory requirements). A request for reconsideration ~f an action such as refusal to record a document in a particular form, refusal to register a renewal claim in a particular class, etc., is not considered an appeal until the applicant has refused to accept the alternative suggested by the Office and the case has been closed.
B. Correspondence in appeal cases.
1. First appeal. The first letter of appeal is referred to the member of the Examining Division staff who was responsible for approving the "final action" mentioned in Section A above. The letter of reply is typed for the personal signature of the Head (or Assistant Head) of the Section.
a. In the event the "final action" being appealed was taken by the Section Head in a letter bearing his personal signature, the letter of reply is typed for the personal signature of the Assistant Chief, Examining Division.
2. Second appeal. An appeal from a second rejection or other final action taken on the first appeal is referred to the person who was responsible for approving the action in question. Ordinarily, the letter of reply is typed for the personal signature of the Assistant Chief of the Division.
