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.
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:
- A remand to consider an Information Disclosure Statement
- 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.