C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 1—RULES OF PRACTICE IN PATENT CASES › Subpart H—Inter Partes Reexamination of Patents That Issued From an Original Application Filed in the United States on or After November 29, 1999

37 C.F.R. § 1.979

Return of Jurisdiction from the Patent Trial and Appeal Board; termination of appeal proceedings

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(a) Jurisdiction over an inter partes reexamination proceeding passes to the examiner after a decision by the Patent Trial and Appeal Board upon transmittal of the file to the examiner, subject to each appellant's right of appeal or other review, for such further action as the condition of the inter partes reexamination proceeding may require, to carry into effect the decision of the Patent Trial and Appeal Board.

(b) Upon judgment in the appeal before the Patent Trial and Appeal Board, if no further appeal has been taken (§ 1.983), the prosecution in the inter partes reexamination proceeding will be terminated and the Director will issue and publish a certificate under § 1.997 concluding the proceeding. If an appeal to the U.S. Court of Appeals for the Federal Circuit has been filed, that appeal is considered terminated when the mandate is issued by the Court.

[77 FR 46628, Aug. 6, 2012]
Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: Virnetx Inc. v. Apple Inc., 931 F.3d 1363 (Fed. Cir. 2019).
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Virnetx Inc. v. Apple Inc., 931 F.3d 1363 (Fed. Cir. 2019). · cites it 2× “Notably, 37 C.F.R. § 1.979 , which is the regulation interpreting pre-AIA § 316(a) permitting the PTO to issue a certificate of cancellation "only after all appeals have terminated," Bettcher , 661 F.”
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