Can the PTAB remand a case to the examiner after requesting additional briefing?
Yes, the Patent Trial and Appeal Board (PTAB) can remand a case to the examiner after requesting additional briefing from the appellant. MPEP 1212 states:
“Also, after an appellant has replied to a requirement under 37 CFR 41.50(d), a remand by the Board to the examiner may be appropriate to permit the examiner to respond to the appellant’s response to the Board’s order.“
This means that after receiving the additional information from the appellant, the PTAB may decide that the examiner should review and respond to this new information. The Board’s authority to remand cases is separate from its authority to request additional briefing, and it can use this power when it believes the examiner’s input would be beneficial in reaching a final decision.
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