Do all remands from the Board in which the examiner introduces a supplemental examiners answer provide appellant the opportunity to have the prosecution reopened under 37 CFR 41.50?
No. Only remands which are in further consideration of a rejection shall provide appellant the right to reopen prosecution under 37 CFR 41.50. An example of a remand in further consideration of a rejection is where the Board has knowledge of a ground of rejection not involved in the appeal and remands the application for consideration of such ground of rejection. Certain remands from the Board will not give the appellant the right to reopen prosecution (e.g., administrative remands, a remand to consider an IDS submitted after the jurisdiction has shifted to the Board and a remand to consider a reply brief not addressed by the examiner).
Related Questions
- Can the Office deny a request to reopen prosecution under § 41.39(b)(1) when appellant files a reply in compliance with § 1.111 in response to a new ground of rejection in an examiner’s answer?
- Do all remands from the Board in which the examiner introduces a supplemental examiners answer provide appellant the opportunity to have the prosecution reopened under 37 CFR 41.50?
- When may an appellant request that prosecution be reopened pursuant to § 41.50(a)(2) in response to a supplemental examiner’s answer?
