What happens to documents filed during the Board’s jurisdiction?
According to 37 CFR 41.35(d), documents filed while the Board has jurisdiction over a proceeding are generally held in abeyance:
“Except for petitions authorized by this part, consideration of any information disclosure statement or petition filed while the Board possesses jurisdiction over the proceeding will be held in abeyance until the Board’s jurisdiction ends.”
This means that:
- Most documents, including information disclosure statements and petitions, will not be immediately considered
- These documents will be held until the Board’s jurisdiction ends
- Only petitions specifically authorized by the regulations will be considered during this time
Patent attorneys and applicants should be aware of this rule when considering filing additional documents during the appeal process, as it may affect the timing of their consideration.
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