What is the examiner’s responsibility regarding cancelled claims after a Board decision?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 9 Rules 5 Related FAQs 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. After a Board decision in a patent appeal, the examiner has specific responsibilities regarding cancelled claims. According to MPEP 1214.05 , “It is necessary for the examiner to notify the appellant of the cancellation of the withdrawn claims.” This means that if claims are considered withdrawn and subsequently cancelled due to the appellant not presenting them for review in the appeal brief, the examiner must inform the appellant about this cancellation. This notification ensures that the applicant is aware of the current status of all claims in their application following the appeal process. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Withdrawn Claims Treated as Cancellation MPEP 1214.05 Board Decision Must Be Notified to Appellant and IFW MPEP 1214 Board Decision Reflects Application Status Change MPEP 1214 Examiner Must Await Time Periods After Board Affirmation MPEP 1214 Required Appeal Presumed for All Claims MPEP 1214.05 Jurisdiction Transfers to Examiner After Board Decision MPEP 1214 Permitted Time Period for Filing an Appeal or Commencing a Civil Action Begins from Notification Date MPEP 1214 PTAB Must Inform Public of Significant Decisions MPEP 103 Withdrawal of Remanded Application from Appeal MPEP 1002.02(d) Other Related FAQs 5 FAQs Collapse How does 37 CFR 41.31(c) affect the appeal process for patent applications? How does the reversal of an examiner&#8217;s decision by the Board affect unappealed claims? What is the significance of the January 23, 2012 date mentioned in MPEP 1214.05? Can an appellant choose not to argue certain claim rejections? What happens to claims that are not appealed in a patent application?