37 CFR 41.35: Jurisdiction over appeal

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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41.35    Jurisdiction over appeal.

  • (a) Beginning of jurisdiction. Jurisdiction over the proceeding passes to the Board upon the filing of a reply brief under § 41.41 or the expiration of the time in which to file such a reply brief, whichever is earlier.
  • (b) End of jurisdiction. The jurisdiction of the Board ends when:
    • (1) The Director or the Board enters a remand order (see §§ 41.35(c), 41.35(e), and 41.50(a)(1) ),
    • (2) The Board enters a final decision (see § 41.2 ) and judicial review is sought or the time for seeking judicial review has expired,
    • (3) An express abandonment which complies with § 1.138 of this title is recognized,
    • (4) A request for continued examination is filed which complies with § 1.114 of this title,
    • (5) Appellant fails to take any required action under §§ 41.39(b), 41.50(a)(2), 41.50(b), or 41.50(d), and the Board enters an order of dismissal, or
    • (6) Appellant reopens prosecution pursuant to § 41.40(b) or in response to a new ground of rejection entered in a decision of the Board (see § 41.50(b)(1) ).
  • (c) Remand ordered by the Director. Prior to the entry of a decision on the appeal by the Board (see § 41.50 ), the Director may sua sponte order the proceeding remanded to the examiner.
  • (d) Documents filed during Board’s jurisdiction. Except for petitions authorized by this part, consideration of any information disclosure statement or petition filed while the Board possesses jurisdiction over the proceeding will be held in abeyance until the Board’s jurisdiction ends.
  • (e) Administrative remands ordered by the Board. If, after receipt and review of the proceeding, the Board determines that the file is not complete or is not in compliance with the requirements of this subpart, the Board may relinquish jurisdiction to the examiner or take other appropriate action to permit completion of the file.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; revised, 76 FR 72270, Nov. 22, 2011, effective Jan. 23, 2012]