What authority does the Patent Trial and Appeal Board have to request additional briefing from appellants?
The Patent Trial and Appeal Board (PTAB) has the authority to request additional briefing from appellants under 37 CFR 41.50(d). This regulation states:
“The Board may order appellant to additionally brief any matter that the Board considers to be of assistance in reaching a reasoned decision on the pending appeal.“
This authority allows the Board to seek clarification or additional information on matters they deem important for making an informed decision. Examples of such matters may include:
- The applicability of specific case law not previously identified as relevant
- The relevance of prior art not previously included in the record
It’s important to note that the appellant will be given a specific time frame to respond to such requests, and failure to comply may result in dismissal of the appeal.
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