What types of amendments may be remanded for consideration during an appeal?
According to MPEP 1211.02, certain types of amendments may be remanded for consideration by the examiner during an appeal. Specifically:
“[A] proposed amendment filed after the date of filing of a brief to either cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, or to rewrite dependent claims into independent form may be remanded for consideration by the examiner.”
These types of amendments are generally considered to be limited in scope and may not significantly alter the nature of the appeal. The Board may choose to remand such amendments to the examiner for consideration, rather than dismissing the appeal outright.
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