Patent applicants appealing examiner decisions do not need to comply with the USPTO's new appeal brief rules that were set to become effective on December 10, 2008. According to the notice to be published tomorrow: The PTO "will notify the public when the revised effective and applicability dates are set. In the subsequent notification, the Office will provide at least a 30-day time period before the BPAI final rule 2008 becomes effective."
As noted previously on Patently-O. David Boundy of CantorFitz has led the charge against implementation of these new rules. Boundy notes the fact that Jon Dudas signed the FR notice on December 5, but as of this writing (Dec 9 at 5:23pm), there is still no notice on the USPTO website.