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<p>Hello folks. I just got done paying the fee for a second RCE in
one of my clients' cases. Ouch! $2860 for a non-small entity.</p>
<p>I then went to the trouble to add up the filing fee, search fee,
and exam fee that would have been paid in an ordinary
continuation. Looks like that adds up to $2000. </p>
<p>I note that the number 2000 is smaller than that number 2860.</p>
<p>Which got me thinking about the question of the subject line.
RCE or continuation?</p>
<p>I guess in most ways the RCE is the better path despite the need
for handing over more money, right?</p>
<ul>
<li>Maybe the case has enough IDS references to be in
IDS-size-penalty world. In the continuation, an IDS size
penalty would need to be paid. The RCE saves having to pay that
penalty.</li>
<li>Maybe there are lots of excess claims in the case. The RCE
saves having to pay again for the excess claims.</li>
<li>For a continuation, I would have to identify and upload spec,
claims, abstract, and drawings. Which among other things
presents the risk that I will screw up and upload the wrong file
or a wrong version of a file. The RCE eliminates risk of my
screwing this up, and saves the mouse clicks required for the
uploads.</li>
<li>For the continuation, to avoid the malpractice risks of DOCX
filings, I would have to pay the $430 penalty. The RCE saves me
from having to pay that fee.</li>
<li>Maybe enough years would have dragged on by now that the
penalty fee for presenting a domestic benefit claim after so
many years would kick in. The RCE avoids that penalty.</li>
</ul>
<p>What factors favor the continuation? Well, one thing is,
sometimes the client is not sure yet how the client wants to deal
with the most recent rejection. If so, then the continuation is
ideal because you could (for example) intentionally do something
to trigger a notice of some kind. Put in a placeholder
multiple-dependent claim and not pay for it, triggering a Notice
to pay for the RCE. Then maybe within two months, cancel the MDC
and along with it, hand in the response to the most recent
rejection. (With the RCE it would have been required that the
response accompany the RCE.)</p>
<p>Did I get the pros and cons right? Are there other pros and cons
that I missed?</p>
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