MPEP Section 1211.02, < Remand by Board To Consider Amendment

Executive summary:

This document contains Section 1211.02 ("< Remand by Board To Consider Amendment ") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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1211.02 < Remand by Board To Consider Amendment [R-3]

There is no obligation resting on the Board to consider new or amended claims submitted while it has jurisdiction of the appeal. In re Sweet, 136 F.2d 722, 58 USPQ 327 (CCPA 1943). However, a proposed amendment **>filed after the date of filing of a brief to either cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, or to rewrite dependent claims into independent form< may be remanded for * consideration *>by< the examiner**. See MPEP § *>1206<.

If the proposed amendment is in effect an abandonment of the appeal, e.g., by canceling the appealed claims, the amendment *>must< be entered and the *>Chief Clerk< of the Board notified in order that the case may be removed from the Board's docket.

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