What is the procedure when claims stand allowed after a Board decision?

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 claims stand allowed after a Board decision, the following procedure applies:

1. The appellant is not required to file a reply.
2. The examiner issues the application or ex parte reexamination certificate on the claims which stand allowed.
3. The examiner may cancel rejected claims by examiner’s amendment.

The MPEP states: The appellant is not required to file a reply. The examiner issues the application or ex parte reexamination certificate on the claims which stand allowed. It is not necessary for the applicant or patent owner to cancel the rejected claims, since they may be canceled by the examiner in an examiner’s amendment.