Editing MPEP 1212

<noinclude>{{MPEP Section|1211|1200|1213}}</noinclude>

==[[MPEP 1212|1212 Board Requires Appellant to Address Matter]]== 

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37 CFR 41.50. Decisions and other actions by the Board.

(d)The Board may order appellant to additionally brief any 
matter that the Board considers to be of assistance in reaching a 
reasoned decision on the pending appeal. Appellant will be given 
a non-extendable time period within which to respond to such an 
order. Failure to timely comply with the order may result in the 
sua sponte dismissal of the appeal.

37 CFR 41.50(d) authorizes the Board to 
additionally brief any matter deemed appropriate 
for a reasoned decision on the appeal. This may 
include, for example: (A) the applicability of particular 
case law that has not been previously identified as 
relevant to an issue in the appeal; or (B) the applicability 
of prior art that has not been made of record.

The rule further provides that the appellant will be 
given a non-extendable time period within which to 
respond to the requirement. Failure to respond within 
the time period set by the Board may result in dismissal 
of the appeal.

The making of a requirement under 37 CFR 
41.50(d) is discretionary with the Board. The 
authority granted in 37 CFR 41.50(d) does not 
affect the Board’s authority to remand a case to the 
examiner in a situation where the Board considers 
action by the examiner in the first instance to be necessary 
or desirable. See MPEP § 1211. Also, after an 
appellant has replied to a requirement under 37 CFR 
41.50(d), a remand by the Board to the examiner 
may be  appropriate to permit the examiner to 
respond to the appellant’s response to the Board’s 
order.