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

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 According to MPEP 1214.05, “It is necessary for the examiner to notify the appellant of the cancellation of the withdrawn claims.”

This means that if claims are considered withdrawn and subsequently cancelled due to the appellant not presenting them for review in the appeal brief, the examiner must inform the appellant about this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.

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Tags: board decision, cancelled claims, Notification, patent examination, Patent Examiner