When might the Director remand a case for a new ground of rejection?
The Director may remand a case for consideration of a new ground of rejection when there has been a change in the law that necessitates such action. MPEP 1211 provides an example: “For example, the Director may remand a case for consideration of a new ground of rejection pursuant to 37 CFR 41.35(c) where there…
Read MoreCan the Director order a remand before the Board’s decision?
Yes, the Director of the USPTO has the authority to order a remand before the Board enters a decision on the appeal. This is specified in 37 CFR 41.35(c): “Prior to the entry of a decision on the appeal by the Board (see § 41.50), the Director may sua sponte order the proceeding remanded to…
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