What regulations govern remands in patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 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. Several regulations govern remands in patent examination. MPEP 1211 cites the following regulations: 37 CFR 41.35(c) and (e) : These regulations pertain to the Director’s and Board’s authority to remand cases. 37 CFR 41.40(a) : This regulation relates to tolling of the time period to file a reply brief. 37 CFR 41.50(e) : This regulation specifies that a remand by the Board is not appealable. These regulations provide the legal framework for remands in the patent examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Director and Board Can Remand Cases to Examiners MPEP 1211 Board Remand Is Not Final For Review MPEP 1211 Appeal Jurisdiction Transferred Back to Examiner on Remand MPEP 1211 Examiner Must Act Consistently With Remand Order MPEP 1211 Recommended Examiner Must Follow MPEP §1207 After Remand MPEP 1211 Recommended Remand for New Ground of Rejection When Law Changes MPEP 1211 Permitted Remand for New Ground of Rejection Required MPEP 1211 Permitted Petitions to the Director for Ex Parte Reexamination Appeals and Other Matters MPEP 1002 Permitted First Office Publication Triggers Time Period for Third-Party Submissions MPEP 1134.01 Non-Compliant Submission Does Not Toll Time Period MPEP 1134.01 Other Related FAQs 5 FAQs Collapse Can I submit an affidavit or declaration after an appeal has been filed? What happens to affidavits filed after final rejection but before a notice of appeal? When can affidavits or declarations be considered after a notice of appeal is filed? What happens if a proposed amendment is effectively an abandonment of the appeal? What types of amendments may be remanded for consideration during an appeal?