Amendment During Appeal
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USPTO TMEP › Chapter 1500 - Post-Examination Procedures › TMEP § 1501.05
Text
If the applicant files an amendment after filing a timely
notice of appeal, the examining attorney may not act on it without authorization from
the Board, because jurisdiction over the application is with the Board after a notice of
appeal is filed. In appropriate cases, the Board may remand the case to the examining
attorney to consider the matter presented in the document, with appropriate instructions
to the examining attorney regarding consideration of the document and disposition of the
case after such consideration.
TBMP §1205
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If an application is remanded to the examining attorney to
consider an amendment, and the examining attorney determines that the amendment places
the application in condition for publication or issue, the examining attorney should
notify the applicant by telephone or email that the amendment has been entered, and that
the amendment renders the appeal moot. It is not necessary to notify the Board.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.