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1211 Remand by Board - 1200 Appeal
1211 Remand by Board
The Board has authority to remand a case to the examiner when it deems it necessary. For example, the Board may remand for a fuller description of the claimed invention and, in the case of a machine, a statement of its mode of operation. In certain cases where the pertinence of the references is not clear, the Board may call upon the examiner for a further explanation. In the case of multiple rejections of a cumulative nature, the Board may also remand for selection of the preferred or best ground. The Board may also remand a case to the examiner for further search where it feels that the most pertinent art has not been cited, or to consider an amendment, affidavit, or declaration. See MPEP § 1211.01, § 1211.02, and § 1211.03. Furthermore, the Board may remand an application to the examiner to prepare a supplemental examiner's answer in response to a reply brief. The following form paragraph may be used in preparing the supplemental examiner's answer after a remand from the Board:
¶ 12.80 Supplemental Examiner's Answer - On Remand
Pursuant to the Remand under 37 CFR 1.193(b)(1) by the Board of Patent Appeals and Interferences on [1], a supplemental Examiner's Answer is set forth below: [2].
Examiner Note
1. Insert the date of the Remand.
2. Provide reasons supporting the rejections set forth in the supplemental Examiner's Answer.
The supervisory patent examiner should approve and the Board should be notified whenever a remanded application is withdrawn from appeal under any circumstance. See MPEP § 706.07(e) and § 1002.02(d).
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