When is jurisdiction transferred to the Board in inter partes reexamination appeals?
The jurisdiction of an inter partes reexamination proceeding is transferred to the Patent Trial and Appeal Board (PTAB) at a specific point in the appeal process. According to MPEP 2674:
“The jurisdiction of the inter partes reexamination proceeding is transferred to the Board when a docketing notice is entered after the time period for filing the last rebuttal brief (if appropriate) expires or the examiner acknowledges the receipt and entry of the last rebuttal brief.”
It’s important to note that this transfer of jurisdiction occurs after all briefs have been filed and acknowledged. Prior to this point, the Central Reexamination Unit (CRU) retains jurisdiction over various aspects of the proceeding, including considering appeal briefs, conducting appeal conferences, and drafting examiner’s answers.
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