[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR41.35]

[Page 390]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                       Subpart B_Ex Parte Appeals
 
Sec. 41.35  Jurisdiction over appeal.

    (a) Jurisdiction over the proceeding passes to the Board upon 
transmittal of the file, including all briefs and examiner's answers, to 
the Board.
    (b) If, after receipt and review of the proceeding, the Board 
determines that the file is not complete or is not in compliance with 
the requirements of this subpart, the Board may relinquish jurisdiction 
to the examiner or take other appropriate action to permit completion of 
the file.
    (c) Prior to the entry of a decision on the appeal by the Board, the 
Director may sua sponte order the proceeding remanded to the examiner.

    Effective Date Note: At 73 FR 32973, June 10, 2008, Sec. 41.35 was 
revised, effective December 10, 2008. For the convenience of the user, 
the revised text is set forth as follows:


 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                       Subpart B_Ex Parte Appeals
 
Sec. 41.35  Jurisdiction over appeal.

    (a) Beginning of jurisdiction. The jurisdiction of the Board begins 
when a docket notice is mailed by the Board.
    (b) End of jurisdiction. The jurisdiction of the Board ends when:
    (1) The Board mails a remand order (see Sec. 41.50(b) or Sec. 
41.50(d)(1) of this subpart),
    (2) The Board mails a final decision (see Sec. 41.2 of this part) 
and judicial review is sought or the time for seeking judicial review 
has expired,
    (3) An express abandonment is filed which complies with Sec. 1.138 
of this title, or
    (4) A request for continued examination is filed which complies with 
Sec. 1.114 of this title.
    (c) Remand ordered by the Director. Prior to entry of a decision on 
the appeal by the Board (see Sec. 41.50), the Director may sua sponte 
order an application or reexamination proceeding on appeal to be 
remanded to the examiner.