37 CFR § 1.979 — Return of Jurisdiction from the Patent Trial and (MPEP Index) – BlueIron IP
37 CFR § 1.979 Return of Jurisdiction from the Patent Trial and
This page consolidates MPEP guidance interpreting 37 CFR § 1.979, including 0 rules 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.
Official MPEP § 1.979 — Return of Jurisdiction from the Patent Trial and
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.979 Return of Jurisdiction from the Patent Trial and Appeal Board; termination of appeal proceedings.
- (a) Jurisdiction over an inter partes reexamination proceeding passes to the examiner after a decision by the Patent Trial and Appeal Board upon transmittal of the file to the examiner, subject to each appellant’s right of appeal or other review, for such further action as the condition of the inter partes reexamination proceeding may require, to carry into effect the decision of the Patent Trial and Appeal Board.
- (b) Upon judgment in the appeal before the Patent Trial and Appeal Board, if no further appeal has been taken (§ 1.983 ), the prosecution in the inter partes reexamination proceeding will be terminated and the Director will issue and publish a certificate under § 1.997 concluding the proceeding. If an appeal to the U.S. Court of Appeals for the Federal Circuit has been filed, that appeal is considered terminated when the mandate is issued by the Court.
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; para. (f) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; paras. (e) & (f) revised, 68 FR 70996, Dec. 22, 2003, effective Jan. 21, 2004; revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; heading and para. (b) revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007; revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]