What happens when an examiner’s rejection is completely reversed by the Patent Trial and Appeal Board?
When an examiner’s rejection is completely reversed by the Patent Trial and Appeal Board (PTAB), the case is brought up for immediate action by the examiner. However, this doesn’t always mean the application is in condition for immediate allowance. The MPEP states:
“A complete reversal of the examiner’s rejection brings the case up for immediate action by the examiner. If the reversal does not place an application in condition for immediate allowance (e.g., the Board has entered a new ground of rejection under 37 CFR 41.50(b) or the application contains withdrawn claims to a non-elected invention), the examiner should refer to the situations outlined in MPEP § 1214.06 for appropriate guidance.”
The examiner must take appropriate action based on the PTAB’s decision and the current state of the application.
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