What is the role of the Patent Trial and Appeal Board in deciding patent appeals?
The Patent Trial and Appeal Board (PTAB) plays a crucial role in deciding patent appeals. According to MPEP 1213, after considering the record, including appellant’s briefs and examiner’s answers, the Board:
- Writes its decision
- Affirms the examiner in whole or in part
- Reverses the examiner’s decision
- Sometimes sets forth a new ground of rejection
The MPEP states: After consideration of the Record including appellant’s briefs and the examiner’s answers, the Board writes its decision, affirming the examiner in whole or in part, or reversing the examiner’s decision, sometimes also setting forth a new ground of rejection.
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