37 CFR 41.35 — Jurisdiction over appeal
Ninth Edition, Revision 01.2024
- (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]
Cited authority
Cited by
- 1203 Administrative Handling
- 1204.03 Interviews After Notice of Appeal
- 1205.03 Non-Compliant Appeal Brief and Amended Brief
- 1206 Amendments and Affidavits or Other Evidence Filed With or After Appeal
- 1207.02 Contents of Examiner’s Answer
- 1207.03(b) Petition to Designate a New Ground of Rejection and to Reopen Prosecution
- 1207.03(c) Appellant's Reply to New Grounds of Rejection
- 1207.05 Substitute Examiner’s Answer
- 1209 Oral Hearing
- 1210 Actions Subsequent to Examiner’s Answer but Before Board’s Decision
- 1211 Remand by Director or Board
- 1211.03 Remand To Consider Affidavits or Declarations
- 1212 Board Requires Appellant to Address Matter
- 1214.01 Procedure Following New Ground of Rejection by Board
- 1215.01 Withdrawal of Appeal
- 2265 Extension of Time
- 2275 Examiner’s Answer
- 2730 Applications Filed on or After May 29, 2000; Grounds for Adjustment
- 2731 Period of Adjustment
- 37 CFR 1.703 Period of adjustment of patent term due to examination delay
- 37 CFR 1.703 (2012-09-17 thru 2013-03-31) Period of adjustment of patent term due to examination delay
- 37 CFR 41.3 Petitions