37 C.F.R. § 1.979   Return of Jurisdiction from the Board of Patent Appeals and Interferences; termination of proceedings.


Title 37 - Patents, Trademarks, and Copyrights


Title 37: Patents, Trademarks, and Copyrights
PART 1—RULES OF PRACTICE IN PATENT CASES
Subpart H—Inter Partes Reexamination of Patents That Issued From an Original Application Filed in the United States on or After November 29, 1999
Appeal to the Board of Patent Appeals and Interferences in Inter Partes Reexamination

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§ 1.979   Return of Jurisdiction from the Board of Patent Appeals and Interferences; termination of 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 inter partes reexamination proceeding will be terminated and the Director will issue a certificate under §1.997 terminating 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]

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