What happens if the Board affirms a rejection of some claims but reverses others in inter partes reexamination?

What happens if the Board affirms a rejection of some claims but reverses others in inter partes reexamination? In inter partes reexamination, when the Board issues a decision that affirms some rejections while reversing others, the examiner must follow specific procedures. According to MPEP 2674: “Where the Board decision affirms a rejection of some claims…

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What is the timeframe for an examiner to take action after a Board decision in a patent application?

The Manual of Patent Examining Procedure (MPEP) does not specify an exact timeframe for an examiner to take action after a Board decision. However, MPEP 1214 emphasizes the importance of prompt action: “Where the Board has reversed all rejections of a claim or application, the examiner should either promptly allow the claim(s) or issue an…

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What happens if a request for rehearing is filed?

When a request for rehearing is filed, several important processes are set in motion. According to MPEP 1214.03: The Board will render a decision on the request for rehearing. The decision on the request for rehearing is deemed to incorporate the earlier opinion reflecting its decision for appeal, except for portions specifically withdrawn on rehearing.…

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