What happens if the Board reverses the examiner’s rejection in a patent application?
When the Board reverses the examiner’s rejection in a patent application, the following procedures apply:
- The application is returned to the examiner.
- The examiner must take action consistent with the Board’s decision.
- If the Board’s decision includes an approval for claims, those claims should be allowed.
- The examiner must follow the Board’s instructions for any further actions.
According to MPEP 1214: “The examiner should never regard such a reversal as a challenge to make a new search to uncover other and better references.” This means the examiner should not initiate a new search for prior art unless specifically instructed by the Board.
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