37 CFR § 41.64 - Jurisdiction over appeal in reexamination.

---
identifier: "/us/cfr/t37/s41.64"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 41.64 - Jurisdiction over appeal in  reexamination."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "41.64"
section_name: "Jurisdiction over appeal in  reexamination."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "41"
part_name: "PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29."
regulatory_source: "69 FR 50003, Aug. 12, 2004, unless otherwise noted."
cfr_part: "41"
---


# 41.64 Jurisdiction over appeal in  reexamination.

(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.