What are the possible outcomes of a Patent Trial and Appeal Board decision in an inter partes reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. According to MPEP 2681 , the Patent Trial and Appeal Board (PTAB) can issue several types of decisions in an inter partes reexamination: Affirm the examiner’s decision Reverse the examiner’s decision Remand the proceeding to the examiner for further consideration Issue a new ground of rejection The MPEP states: The Patent Trial and Appeal Board, in its decision, may affirm or reverse each decision of the examiner on all issues raised on each appealed claim, or remand the reexamination proceeding to the examiner for further consideration. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2681 Procedure for New Ground of Rejection by Board MPEP 1214.06 Prohibited No Longer Accept Inter Partes Reexamination Requests After September 16, 2012 MPEP 2681 Remand Not for Further Consideration of Rejection Is Not Subject to 41.50(a)(2) MPEP 1211.01 New Ground of Rejection Must Comply with MPEP §1207.03 MPEP 1207.05 Required Procedure for New Ground of Rejection by Board MPEP 1214.01 Director May Remand Proceeding to Examiner Before Board Decision MPEP 1210 Permitted Petition to Review New Ground of Rejection in Board Decision MPEP 1002.02(j) Remand for Further Consideration of a Rejection Required to Request Prosecution Reopening MPEP 1207.05 Request for Rehearing of New Ground of Rejection MPEP 1213 Other Related FAQs 5 FAQs Collapse Can the PTAB recommend claim amendments to make a claim patentable in inter partes reexamination? Is a PTAB decision containing a new ground of rejection considered final? What happens when the PTAB issues a new ground of rejection in an inter partes reexamination? How can...