What is the role of the Patent Trial and Appeal Board in deciding patent appeals?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Rehearing of New Ground of Rejection MPEP 1213 New Ground of Rejection Must Comply with MPEP §1207.03 MPEP 1207.05 Required Procedure for New Grounds of Rejection by Board MPEP 1213.02 Appellant Must Reopen Prosecution for New Ground of Rejection MPEP 1213 Request for Board Rehearing on New Ground of Rejection MPEP 1213 Final Board Decision Alternatives for Appellants MPEP 1213 Procedure for New Grounds of Rejection by Board MPEP 1213 Procedure for New Ground of Rejection by Board MPEP 1214.01 New Ground of Rejection Requires New Appeal MPEP 1214.01 Procedure for New Ground of Rejection by Board MPEP 1214.06 Prohibited Other Related FAQs 5 FAQs Collapse Are extensions of time available for responding to a new ground of rejection by the PTAB? Can Board remarks about claim features be interpreted as allowance guidance? What is a new ground of rejection by the Patent Trial and Appeal Board? What options does an appellant have when faced with a new ground of rejection? Can the Board suspend c...