MPEP 1211.02
Remand To Consider Amendment

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

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1211.02    Remand To Consider Amendment [R-11.2013]

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, the appeal will normally be dismissed by the Board.