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1212    Board Requires Appellant to Address Matter

MPEP SECTION SUMMARY

This section covers the Board's requirement for the appellant to address any matter deemed appropriate for a reasoned decision on the appeal.

The Board is authorized to require an appellant to clarify the record by addressing any matter deemed appropriate for a reasoned decision on the appeal, this may include:

  • the applicability of particular case law that has not been previously identified as relevant to an issue in the appeal
  • the applicability of prior art that has not been made of record

Appellant will be given a non-extendable time period to reply

  • a failure to respond in time will result in the dismissal of an appeal

An information disclosure statement filed while the Board possesses jurisdiction over the appeal will be held in abeyance until the Board's jurisdiction ends.

 

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