37 CFR 41.64: Jurisdiction over appeal in inter partes reexamination

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

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41.64    Jurisdiction over appeal in inter partes reexamination.

  • (a) Jurisdiction over the proceeding passes to the Board upon transmittal of the file, including all briefs and examiner’s answers, to the Board.
  • (b) 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.
  • (c) Prior to the entry of a decision on the appeal by the Board, the Director may sua sponte order the proceeding remanded to the examiner.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]