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 similar to those presented in the later appeal.
This suspension of action is considered sound practice when:
- There is a pending civil action or appeal to the Court of Appeals for the Federal Circuit
- The pending case involves issues identical or similar to those in the appeal before the Board
- The Board wants to benefit from a court decision that may be determinative of the issues involved
This practice allows the Board to make more informed decisions based on relevant court rulings.
To learn more: