What happens if the Board reverses the examiner’s rejection in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 5 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. 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. Related Rules from the Manual of Patent Examining Procedure 5 rules Collapse Board Decision Reflects Application Status Change MPEP 1214 Board Decision Must Be Notified to Appellant and IFW MPEP 1214 Examiner Must Await Time Periods After Board Affirmation MPEP 1214 Required Jurisdiction Transfers to Examiner After Board Decision MPEP 1214 Permitted Time Period for Filing an Appeal or Commencing a Civil Action Begins from Notification Date MPEP 1214 Other Related FAQs 5 FAQs Collapse When are proceedings considered terminated in a patent application? What role does the Patent Trial and Appeal Board play in terminating proceedings? What precautions are taken to avoid erroneously treating patent applications as abandoned? How does 37 CFR 41.31(c) affect the appeal process for patent applications? How does the reversal of an examiner&#8217;s decision by the Board affect unappealed claims?