What actions can the Board take if a file is incomplete or non-compliant?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If the Board determines that a file is incomplete or not in compliance with the requirements, it has several options as outlined in 37 CFR 41.35(e):

“If, after receipt and review of the proceeding, the Board determines that the file is not complete or is not in compliance with the requirements of this subpart, the Board may relinquish jurisdiction to the examiner or take other appropriate action to permit completion of the file.”

The Board’s options include:

• Relinquishing jurisdiction back to the examiner
• Taking other appropriate actions to allow for the completion of the file

This provision ensures that the Board can address procedural issues or incomplete information before proceeding with the appeal, maintaining the integrity of the appeal process.