Manual of Patent Examining Procedure - MPEP

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1200 Appeal

1214 Procedure Following Decision by Board

37 CFR 41.54 Action following decision.

After decision by the Board, the proceeding will be returned to the examiner, subject to appellant's right of appeal or other review, for such further action by appellant or by the examiner, as the condition of the proceeding may require, to carry into effect the decision.

After an appeal to the Board has been decided, a copy of the decision is mailed to the appellant and the original placed in the file. The Board notes the decision in the file and in the record of appeals, and then forwards the file to the examiner through the office of the Technology Center Director immediately if all rejections are reversed, and after about 10 weeks if any rejection is affirmed or after a decision on a request for rehearing is rendered.

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