Editing MPEP 1210

<noinclude>{{MPEP Section|1209|1200|1211}}</noinclude>

==[[MPEP 1210|1210 Actions Subsequent to Examiner's Answer but Before Board's Decision]]== 

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I. JURISDICTION OF BOARD

37 CFR 41.35. Jurisdiction over appeal.

(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.

The application file and jurisdiction of the application 
are normally transferred from the Technology 
Centers to the Board at one of the following times:

(A)After 2 months from the examiner’s answer 
or supplemental examiner’s answer, plus mail 
room time, if no reply brief has been timely filed.

(B)After  the examiner has notified the appellant 
by written communication that the reply brief has 
been entered and considered and that the application 
will be forwarded to the Board (for example, by mailing 
a PTOL-90 with form paragraph 12.181, as 
described in MPEP § 1208).

Any amendment  or other paper relating to the 
appeal filed thereafter but prior to the decision of the 
Board, may be considered by the examiner only in the 
event the case is remanded by the Board for that purpose.




II. DIVIDED JURISDICTION

Where appeal is taken from the second or final 
rejection only of one or more claims presented for the 
purpose of provoking an interference, jurisdiction of 
the rest of the case remains with the examiner, and 
prosecution of the remaining claims may proceed as 
though the entire case was under his or her jurisdiction. 
Also, where the examiner certifies in writing that 
there is no conflict of subject matter and the administrative 
patent judge in charge of the interference 
approves, an appeal to the Board may proceed concurrently 
with an interference. See MPEP Chapter 
2300.



III. ABANDONMENT OF APPEAL: APPLI-
CATION REFILED OR ABANDONED

To avoid the rendering of decisions by the Board in 
applications which appellants have decided to 
abandon or to refile as continuations, appellants 
should promptly inform the Chief Clerk of the 
Board in writing as soon as they have positively 
decided to refile or to abandon an application containing 
an appeal awaiting a decision. Failure to exercise 
appropriate diligence in this matter may result in the 
Board’s refusing an otherwise proper request to vacate 
its decision.

See MPEP § 1215.01 - § 1215.03 concerning the 
withdrawal of appeals.