Can the Board or Director remand a proceeding to consider new evidence?
Yes, the Board of Patent Appeals and Interferences (BPAI) or the Director of the USPTO has the authority to remand a proceeding to allow the examiner to consider new evidence. MPEP § 1211.03 states: “If such evidence has not been treated by the examiner, the Board or the Director may remand the proceeding to permit…
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