What are the options available to an appellant after the Board designates a new ground of rejection?
When the Board designates a new ground of rejection under 37 CFR 41.50(b), the appellant has three options for each claim so rejected: Reopen prosecution before the examiner by submitting an appropriate amendment and/or new evidence (37 CFR 41.50(b)(1)) Request rehearing before the Board (37 CFR 41.50(b)(2)) File a request for continued examination (RCE) The…
Read MoreWhen does jurisdiction over a patent application transfer from the Patent Examining Corps to the Board?
The transfer of jurisdiction from the Patent Examining Corps to the Board occurs at a specific point in the appeal process. According to MPEP 1203, “Jurisdiction over the proceeding passes to the Board upon the filing of a reply brief under 37 CFR 41.41 or the expiration of the time in which to file such…
Read MoreWhat is the Board’s docketing procedure for appeals?
The Board’s docketing procedure is designed to provide timely notification to appellants about the status of their appeal. According to MPEP 1203, “The Board’s docketing procedure is designed to provide notification to the appellant within one month of receipt from the Patent Appeal Center of an appealed application at the Board that (A) the appeal…
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