Can the Patent Trial and Appeal Board reject claims that were previously allowed by the examiner?
Yes, the Patent Trial and Appeal Board (PTAB) has the authority to reject claims that were previously allowed by the examiner. According to MPEP 1213.02:
“Under 37 CFR 41.50(b), the Board may, in its decision, make a new rejection of one or more of any of the claims pending in the case, including claims which have been allowed by the examiner.”
However, the MPEP also clarifies that this authority is discretionary and should not be interpreted as an instruction to examine every allowed claim in every appealed application. The primary role of the Board is to review the examiner’s decision, not to conduct a separate examination of the claims.
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