Law - Response To Reversal of Rejection of a Dependent Claim By Board

If, after a decision is rendered by the Board of Patent Appeals and Interferences, no claims stand allowed, the application is deemed abandoned. If any claims stand allowed, the appellant need not file a response. If, however, the Board affirms a rejection against an independent claim and also reverses a rejection against a claim that depends from it (a dependent claim), the Examiner may proceed in one of two ways. The Examiner may convert the dependent claim into independent form by means of an Examiner's amendment, cancel the rejected claims and issue the application. Alternatively, the Examiner may set a 1-month time period in which the appellant must rewrite the dependent claim in independent form. This time period 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 1214.06 - Examiner Sustained in Whole or in Part

Return to Home

© 1998-2003 Robert M. Hunter PLLC