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1211.02 < Remand by Board To Consider Amendment [R-3] - 1200 Appeal
1211.02 < Remand by Board To Consider Amendment [R-3]
There is no obligation resting on the Board to consider new or amended claims submitted while it has jurisdiction of the appeal. In re Sweet, 136 F.2d 722, 58 USPQ 327 (CCPA 1943). However, a proposed amendment **>filed after the date of filing of a brief to either cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, or to rewrite dependent claims into independent form< may be remanded for * consideration *>by< the examiner**. See MPEP § *>1206<.
If the proposed amendment is in effect an abandonment of the appeal, e.g., by canceling the appealed claims, the amendment *>must< be entered and the *>Chief Clerk< of the Board notified in order that the case may be removed from the Board's docket.
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