Podcast: Play in new window | Download
Subscribe: Apple Podcasts | RSS
Question:
Name two examples of situations where there may be a remand by the Board for examiner action that is not for further consideration of a rejection.
Answer:
The following are two examples of situations where there may be a remand by the Board for examiner action that is not for further consideration of a rejection:
- A remand to consider an Information Disclosure Statement; and
- A remand for the examiner to consider a reply brief.
Chapter Details:
The answer to this question can be found in chapter 1200 of the MPEP. This chapter covers Appeals.
Section Summary:
This question and answer comes from section 1211.01 of the MPEP. The following is a brief summary of section 1211.01.
1211.01 Remand by Board for Further Consideration of Rejection
A substitute examiner’s answer written in response to a remand by the Board for consideration of a rejection pursuant to 37 CFR 41.50(a)(1) may set forth a new ground of rejection. This section further covers a remand by the Board for further consideration of rejection.