What is the purpose of remanding an amendment to the examiner during an appeal?
The purpose of remanding an amendment to the examiner during an appeal is to allow for consideration of certain limited types of changes that may not significantly alter the nature of the appeal. As outlined in MPEP 1211.02, these changes include:
- Canceling claims (where such cancellation doesn’t affect the scope of other pending claims)
- Rewriting dependent claims into independent form
By remanding these types of amendments, the Board allows for potential resolution of issues without dismissing the entire appeal. The MPEP states:
“[A] proposed amendment filed after the date of filing of a brief to either cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, or to rewrite dependent claims into independent form may be remanded for consideration by the examiner.”
This process can potentially streamline the appeal by addressing certain issues before the Board’s final decision.
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