1207.05 Submission of Evidence upon Remand for New Refusal
Additional evidence may be submitted, both by the examining attorney and by the applicant, if (1) an appealed application is remanded by the Board for further examination under 37 CFR § 2.142 (f) (1) (i.e., sua sponte remand by the Board when it appears to the Board that an issue not previously raised may render the mark of the applicant unregistrable), see TBMP § 1209.01, or under 37 CFR § 2.142(f)(6) (i.e., remand by the Board upon written request by the examining attorney when it appears to the examining attorney that an issue not involved in the appeal may render the mark of the applicant unregistrable), see TBMP § 1209.02, and (2) the examining attorney, upon remand, does, in fact, issue a new refusal to register or a new requirement. [ Note 1.] If no new refusal or requirement is made, and the examining attorney instead returns the application to the Board, no additional evidence may be submitted. [ Note 2.]
NOTES:
1. See In re Bank America Corp., 229 USPQ 852, 853 n.4 (TTAB 1986).
2. See In re Diet Tabs, Inc., 231 USPQ 587, 588 n.3 (TTAB 1986).