Law - Response To Allowed Claim Rejection By Board

During the appeal process, the Board of Patent Appeals and Interferences may decide to recommend (to the Examiner) the rejection of one or more of the claims that was allowed (determined to be patentable) by the Examiner. In this situation, if the applicant disagrees with the Board, he/she may submit to the Examiner a response containing an amendment or a showing of facts or reasons or both in an attempt to overcome the rejection. This response must be filed within 1 month of the date of mailing of the Board's decision. This response period is one of the few that may not be extended by petition and payment of a fee under 37 CFR 136(a).

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 1213.02 - Statement as to Rejection of an Allowed Claim

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