How is an application handled when no claims stand allowed after a Board decision?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When no claims stand allowed after a Board decision, the following procedure applies:

1. The proceedings in the application are terminated as of the date when the time for filing a court action expires.
2. The application is no longer considered pending.
3. A Notice of Abandonment should be prepared and mailed once the period for seeking review under 37 CFR 90.3 has expired.

The MPEP states: The proceedings in an application or ex parte reexamination proceeding are terminated as of the date of the expiration of the time for filing court action. The application is no longer considered as pending. In an application, a Notice of Abandonment should be prepared and mailed once the period for seeking review under 37 CFR 90.3 has expired.