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Manual of Patent Examining Procedure - MPEP1200 Appeal1211 Remand by BoardThe Board has authority to remand a case to the examiner when it deems it necessary. For example, the Board may remand a case for further consideration of a rejection pursuant to 37 CFR 41.50(a)(1) such as where the pertinence of the references is not clear, the Board may call upon the examiner for a further explanation. See MPEP § 1211.01. In the case of multiple rejections of a cumulative nature, the Board may also remand for selection of the preferred or best ground. The Board may also remand a case to the examiner for further search where it feels that the most pertinent art has not been cited, or to consider an amendment . See MPEP § 1211.02, § 1211.03 and § 1211.04 . Furthermore, the Board may remand an application to the examiner to prepare a supplemental examiner's answer in response to a reply brief which the examiner only acknowledged receipt and entry thereof (e.g., by using form paragraph 12.181 on form PTOL-90). See MPEP § 1207.05 for more information on supplemental examiner's answer . |