Who approves a substitute examiner’s answer after a Board remand?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

According to MPEP § 1211.01, a substitute examiner’s answer written in response to a Board remand must be approved by a Technology Center Director or designee. The MPEP states:

“A Technology Center Director or designee has approved this substitute examiner’s answer by signing below: [3]”

This approval process ensures that the substitute examiner’s answer is reviewed at a higher level before being issued. It’s important to note that this approval is required for every substitute examiner’s answer following a Board remand.

Tags: Approval Process, board remand, substitute examiner's answer, Technology Center Director