MPEP § 1002.02(d) — Petitions and Matters Decided by Supervisory Patent Examiners (Annotated Rules)

§1002.02(d) Petitions and Matters Decided by Supervisory Patent Examiners

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1002.02(d), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Petitions and Matters Decided by Supervisory Patent Examiners

This section addresses Petitions and Matters Decided by Supervisory Patent Examiners. Primary authority: 37 CFR 1.312, 37 CFR 1.322, and 37 CFR 1.324. Contains: 5 statements.

Key Rules

Topic

PTAB Jurisdiction

2 rules
StatutoryInformativeAlways
[mpep-1002-02-d-c0536a2e8fce0df0cbd45ba7]
Amendments After PTAB Appeal Decision Must Place Application in Condition for Allowance
Note:
The rule requires that any amendments submitted after a decision by the Patent Trial and Appeal Board must be sufficient to place the application in condition for allowance as recommended by the primary examiner.

8. Amendments presented after decision in an appeal by the Patent Trial and Appeal Board as to which the primary examiner recommends entry as placing the application in condition for allowance. See MPEP § 1214.07.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresProcedure After Board Decision
StatutoryInformativeAlways
[mpep-1002-02-d-63ed97dc4c2d9fd49fc74d8a]
Withdrawal of Remanded Application from Appeal
Note:
The rule requires that an application remanded by the Patent Trial and Appeal Board must be withdrawn from appeal.

10. Withdrawal from appeal of an application remanded by the Patent Trial and Appeal Board. See MPEP § 1211.01.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB
Topic

Appeal Brief Requirements

1 rules
StatutoryInformativeAlways
[mpep-1002-02-d-b5f9821b02dbb5bff1a81a68]
New Grounds of Rejection After Appeal Brief
Note:
Patent examiners can reopen prosecution to include new grounds of rejection after an appeal brief is filed.

2. Approval of reopening prosecution after the filing of an appeal brief in order to incorporate any new ground of rejection, MPEP § 1207.04.

Jump to MPEP SourceAppeal Brief RequirementsEx Parte Appeals to PTAB
Topic

Not Grounds for Reissue

1 rules
StatutoryInformativeAlways
[mpep-1002-02-d-f6b860cfd0c1af36af5fb4ae]
Certificates of Correction for Minor Errors
Note:
Requests for certificates of correction under 37 CFR 1.322 or 1.323 are handled by the Certificates of Correction Branch unless the error is clearly minor, clerical, or typographical.

3. Requests for a certificate of correction submitted under 37 CFR 1.322 or 1.323 unless the error is clearly minor, clerical or typographical, in which case it is handled by the Certificates of Correction Branch.

Jump to MPEP Source · 37 CFR 1.322Not Grounds for ReissueGrounds for ReissueReissue Patent Practice
Topic

Declaration of Interference

1 rules
StatutoryInformativeAlways
[mpep-1002-02-d-bcaeebf921858ded93ffc3fb]
Claims Must Not Differ Between Applications During Interference Proceedings
Note:
This rule requires that claims in one application must not differ from corresponding claims in another application during interference proceedings. It references Form PTO-850 and 37 CFR 41.202.

7. Letters to an applicant suggesting claims for purposes of interference, or the submission of Form PTO-850, where one or more claims of one application would differ from corresponding claims of another application. See 37 CFR 41.202 and MPEP § 2304.04 et seq.

Jump to MPEP Source · 37 CFR 41.202Declaration of InterferenceInterference Proceedings (Pre-AIA)

Citations

Primary topicCitation
37 CFR § 1.103(d)
37 CFR § 1.111
37 CFR § 1.115
37 CFR § 1.312
Not Grounds for Reissue37 CFR § 1.322
37 CFR § 1.324
37 CFR § 1.84
Declaration of Interference37 CFR § 41.202
Appeal Brief RequirementsMPEP § 1207.04
PTAB JurisdictionMPEP § 1211.01
PTAB JurisdictionMPEP § 1214.07
MPEP § 1480
MPEP § 1481.02
Declaration of InterferenceMPEP § 2304.04
MPEP § 608.02
MPEP § 709
MPEP § 714.01(e)
MPEP § 714.16

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31