37 C.F.R. § 41.54

Action following decision

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After decision by the Board, jurisdiction over an application or patent under ex parte reexamination proceeding passes 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 application or patent under ex parte reexamination proceeding may require, to carry into effect the decision.

[76 FR 72299, Nov. 22, 2011]
Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: MONKEYmedia, Inc. v. Twentieth Century Fox Home Ent., LLC, 242 F. Supp. 3d 551 (W.D. Tex. 2017).
MONKEYmedia, Inc. v. Twentieth Century Fox Home Ent., LLC, 242 F. Supp. 3d 551 (W.D. Tex. 2017). “See 37 C.F.R. § 41.54 . Similarly, even after the examiner issued the NIRC on February 6, 2013, MONKEYmedia could have notified the examiner of the prior art.”
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