This page consolidates MPEP guidance interpreting 37 CFR § 41.54, including 9 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.

Summary

This section describes the procedure for actions taken after a Board decision in an ex parte reexamination, transferring jurisdiction from the Board to the examiner while allowing appellants to appeal or seek other reviews.

What this section covers

• Defines that this section covers the procedure for actions taken after a decision by the Board of Patent Appeals and Interferences in an ex parte reexamination proceeding.

Key obligations

• States that after a Board decision, jurisdiction over the application or patent passes to the examiner for further examination.
• States that appellants retain their right of appeal or other review procedures as specified in the Board's decision.
• States that compliance with 37 CFR requirements is necessary for proper handling of the application or patent post-Board decision.

Practice notes

• Advises practitioners to ensure all communications with the examiner are timely and in compliance with 37 CFR requirements post-Board decision.
• Warns practitioners about the potential for delays if appeals or other review procedures are initiated by appellants post-Board decision.

Related Provisions

• 37 CFR § 90.3
• 37 CFR § 41.31
• 35 U.S.C. § 306
• 37 CFR § 41.52

Based on MPEP Last Modified: 10/30/2024 08:50:22