What happens when the Board remands a case for further consideration of a rejection?
When the Board remands a case for further consideration of a rejection, the examiner may write a substitute examiner’s answer. According to MPEP § 1211.01, “A substitute examiner’s answer written in response to a remand by the Board for consideration of a rejection pursuant to 37 CFR 41.50(a)(1) may set forth a new ground of rejection.”
The appellant then has two options:
- Reopen prosecution by filing a reply under 37 CFR 1.111
- Maintain the appeal by filing a reply brief as provided in 37 CFR 41.41
It’s important to note that “Any amendment or submission of affidavits or other evidence must be relevant to the issues set forth in the remand or raised in the substitute examiner’s answer.”
To learn more: