MPEP 1212
| ← MPEP 1211 | ↑ MPEP 1200 | MPEP 1213 → |
1212 Board Requires Appellant to Address Matter[edit | edit source]
| 37 CFR 41.50. Decisions and other actions by the Board. |
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. . .
(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.
| ← MPEP 1211 | ↑ MPEP 1200 | MPEP 1213 → |
