1) Definitely know that dependent claims objected for their dependency on a rejected independent claim will be treated as if rejected if appeal doesn’t overcome the independent claim’s rejection (this includes withdrawal of the appeal). The application IS NOT abandoned/allowed right away, but rather goes back to the examiner’s jurisdiction, whereupon he’ll either allow the application with any surviving claims or, if no claims survived, abandon it.
2) Got a few questions on new ground of rejection by the board (not examiner, which surprised me a little, since I thought they’d test this new ground more heavily).
3) Know that after ANY claim has been twice rejected, and you are currently under a rejection, you can appeal.
4) Got an old exam question repeat regarding what happens when an applicant files an RCE with no fee during appeal (treated as a withdrawal of appeal, but since the RCE was improper, the application is abandoned if no claims stand allowed or issued with any allowed claims–all claims dependent on a rejected independent claim will be canceled by the Examiner before he passes the application to allowance).
5) Board remand – I know on the old exam the answer was that the board could not remand to examiner for consideration of an affidavit or amendment. Though there is discussion of how the board could possibly remand for consideration of amendment in E8R4, the old answer’s reasoning still stands (there is no mention in the question facts that the applicant properly stated with the amendment why it was not entered sooner). It seems this is still the answer.
Q) Exam Concepts – Appeals