Return of Jurisdiction from the Board of Patent Appeals and Interferences; termination of appeal proceedings.
(a) Jurisdiction over an inter partes reexamination proceeding passes to the examiner after a decision by the Board of Patent Appeals and Interferences upon transmittal of the file to the examiner, subject to each appellant's right of appeal or other review, for such further action as the condition of the inter partes reexamination proceeding may require, to carry into effect the decision of the Board of Patent Appeals and Interferences.
(b) Upon judgment in the appeal before the Board of Patent Appeals and Interferences, if no further appeal has been taken ( § 1.983 ), the prosecution in the inter partes reexamination proceeding will be terminated and the Director will issue and publish a certificate under § 1.997 concluding the proceeding. If an appeal to the U.S. Court of Appeals for the Federal Circuit has been filed, that appeal is considered terminated when the mandate is issued by the Court.
[69 FR 50002, Aug. 12, 2004, as amended at 72 FR 18907, Apr. 16, 2007]
Title 37 published on 2012-07-01
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