What is the time limit for responding to a substitute examiner’s answer after a Board remand?
According to MPEP § 1211.01, the appellant has TWO MONTHS from the date of the substitute examiner’s answer to respond. The MPEP states: “The appellant must within TWO MONTHS from the date of the substitute examiner’s answer exercise one of the following two options to avoid sua sponte dismissal of the appeal as to the…
Read MoreWhat are the options for responding to a substitute examiner’s answer after a Board remand?
When responding to a substitute examiner’s answer after a Board remand, an appellant has two main options according to MPEP § 1211.01: Reopen prosecution: “Request that prosecution be reopened before the examiner by filing a reply under 37 CFR 1.111 with or without amendment or submission of affidavits (37 CFR 1.131(a), 37 CFR 1.131(c) or…
Read MoreAre additional appeal fees required when responding to a Board remand?
No, additional appeal fees are not required when responding to a Board remand. The MPEP specifically states: “Responding to a requirement for briefing under 37 CFR 41.50(d) or responding to a remand under 37 CFR 41.50(e) would not require payment of additional appeal fees.” This means that when the Board remands a case or requires…
Read MoreWhat are examples of Board remands that are not for further consideration of a rejection?
MPEP § 1211.01 provides two examples of situations where the Board may remand a case for examiner action that is not for further consideration of a rejection: A remand to consider an Information Disclosure Statement A remand for the examiner to consider a reply brief In these cases, 37 CFR 41.50(a)(2) does not apply. The…
Read MoreWhat happens when the Board remands a case for further consideration of a rejection?
When the Board remands a case for further consideration of a rejection, the examiner may write a substitute examiner’s answer. According to MPEP § 1211.01, “A substitute examiner’s answer written in response to a remand by the Board for consideration of a rejection pursuant to 37 CFR 41.50(a)(1) may set forth a new ground of…
Read MoreWho approves a substitute examiner’s answer after a Board remand?
According to MPEP § 1211.01, a substitute examiner’s answer written in response to a Board remand must be approved by a Technology Center Director or designee. The MPEP states: “A Technology Center Director or designee has approved this substitute examiner’s answer by signing below: [3]” This approval process ensures that the substitute examiner’s answer is…
Read More