When does jurisdiction over the proceeding pass to the Board?
Jurisdiction over the proceeding passes to the Board on filing of a reply brief or the expiration of time to file a reply brief.
The answer to this question can be found in chapter 1200 of the MPEP. This chapter covers Appeals.
The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
This question and answer comes from section 1210 of the MPEP. The following is a brief summary of section 1210.
1210 Actions Subsequent to Examiner’s Answer but Before Board’s Decision
Any amendment or other paper relating to the appeal filed thereafter, but prior to the decision of the Board, may be considered by the examiner only in the event the case is remanded for that purpose.
To avoid the rendering of decisions by the Board in applications which appellants have decided to abandon or to refile as continuations, appellants should promptly inform the Clerk of the Board in writing as soon as they have positively decided to refile or to abandon an application containing an appeal awaiting a decision. Failure to exercise appropriate diligence in this matter may result in the Board’s refusing an otherwise proper request to vacate its decision.