CFR

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.

Code of Federal Regulations

Effective Date Note: At 73 FR 32973, June 10, 2008, § 41.35 was revised, effective December 10, 2008. Per a subsequent final rule published at 73 FR 74972, Dec. 10, 2008, the effective date of this action was delayed indefinitely. For the convenience of the user, the revised text is set forth as follows: § 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 § 41.50(b) or § 41.50(d)(1) of this subpart), (2) The Board mails a final decision (see § 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 § 1.138 of this title, or (4) A request for continued examination is filed which complies with § 1.114 of this title. (c) Remand ordered by the Director. Prior to entry of a decision on the appeal by the Board (see § 41.50 ), the Director may sua sponte order an application or reexamination proceeding on appeal to be remanded to the examiner.

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