When is a Board decision considered final for judicial review?
According to MPEP 1213, a decision of the Board that includes a remand is not considered final for judicial review. The MPEP states:
37 CFR 41.50(e) provides that a decision of the Board which includes a remand will not be considered final for judicial review. The Board, following conclusion of the proceedings before the examiner, will either adopt its earlier decision as final for judicial review or will render a new decision based on all appealed claims, as it considers appropriate.
After the remanded proceedings are concluded, the Board will either:
- Adopt its earlier decision as final for judicial review, or
- Render a new decision based on all appealed claims
Only after this final action by the Board will the appellant have alternatives available following a Board decision.
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