What are examples of Board remands that are not for further consideration of a rejection?

MPEP § 1211.01 provides two examples of situations where the Board may remand a case for examiner action that is not for further consideration of a rejection:

1. A remand to consider an Information Disclosure Statement
2. A remand for the examiner to consider a reply brief

In these cases, 37 CFR 41.50(a)(2) does not apply. The MPEP states: “Appellant cannot request that prosecution be reopened under 37 CFR 41.50(a)(2)(i) and is not required to reply to a substitute examiner’s answer that is written in response to a remand that is not for further consideration of a rejection.”

It’s important to note that the Board will normally indicate in the remand whether 37 CFR 41.50(a)(2)(i) applies.

To learn more:

• Board remand
• Information Disclosure Statement
• reply brief
• non-rejection remand