A party must file any notice of appeal with the Director of the USPTO within 63 days after the date of the final written decision (or a decision on a motion for rehearing of a final written decision) (35 U.S.C. § 142; 37 C.F.R. §§ 90.3(a)(1) and (b)(1) (resetting for timely rehearing request)). The Director of the USPTO or the director’s designee may grant an extension of time to file a notice of appeal on a showing of either: ?? Good cause, if made before time has expired. ?? Excusable neglect for the failure to act, if made after time has expired. (37 C.F.R. §§ 90.3(c)(1)(i) and (ii) and see also 37 C.F.R. § 104.2 (for rules governing filing of request)).
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