| Patents > Search Colections > MPEP > 1212 Board Requires Appellant to Address Matter [R-3] - 1200 Appeal |
|
|
|
Go to MPEP - Table of Contents
1212 Board Requires Appellant to Address Matter [R-3] - 1200 Appeal
1212 Board Requires Appellant to Address Matter [R-3]
**>
37 CFR 41.50 Decisions and other actions by the Board.
*****
(d) The Board may order appellant to additionally brief any matter that the Board considers to be of assistance in reaching a reasoned decision on the pending appeal. Appellant will be given a non-extendable time period within which to respond to such an order. Failure to timely comply with the order may result in the sua sponte dismissal of the appeal.<
*****
37 CFR *>41.50(d)< authorizes the Board to **>additionally brief< any matter deemed appropriate for a reasoned decision on the appeal. This may include, for example: (A) the applicability of particular case law that has not been previously identified as relevant to an issue in the appeal; or (B) the applicability of prior art that has not been made of record.
The rule further provides that the appellant will be given a non-extendable time period within which to respond to the requirement. Failure to respond within the time period set by the Board *>may< result in dismissal of the appeal.
The making of a requirement under 37 CFR *>41.50(d)< is discretionary with the Board. The authority granted in 37 CFR *>41.50(d)< does not affect the Board's authority to remand a case to the examiner in a situation where the Board considers action by the examiner in the first instance to be necessary or desirable. See MPEP § 1211. Also, after an appellant has replied to a requirement under 37 CFR *>41.50(d)<, a remand >by the Board< to the examiner may be ** appropriate >to permit the examiner to respond to the appellant's response to the Board's order<.
The Inventors Assistance Center is available to help you on patent matters.Send questions about USPTO programs and services to the USPTO Contact Center (UCC). You can suggest USPTO webpages or material you would like featured on this section by E-mail to the webmaster@uspto.gov. While we cannot promise to accommodate all requests, your suggestions will be considered and may lead to other improvements on the website. |
|
|
Go to MPEP - Table of Contents
=online
business system 
=fees 
=forms
=help 
=laws/regulations 
=definition
(glossary)