Can the Board suspend consideration of an appeal?

Yes, the Patent Trial and Appeal Board can suspend consideration of an appeal under certain circumstances. According to MPEP 1213: On occasion, the Board has refused to consider an appeal until after the conclusion of a pending civil action or appeal to the Court of Appeals for the Federal Circuit involving issues identical with and/or…

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What is the process for remanding a case to the Patent Trial and Appeal Board (PTAB) after a Federal Circuit decision?

When a case is remanded to the Patent Trial and Appeal Board (PTAB) following a decision by the U.S. Court of Appeals for the Federal Circuit, the process typically involves the following steps: The Federal Circuit issues its mandate, officially returning jurisdiction to the PTAB. The PTAB then reviews the court’s decision and instructions for…

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