MPEP Q & A 40: Situations Where There May be a Remand For Examiner Action Not For Further Consideration of a Rejection

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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.

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