37 C.F.R. 1.654, Final hearing.

This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in May, 1998. You may return to the main 37 CFR Index, or to the index for one of the follow parts:

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1.654 Final hearing.

(a)

At an appropriate stage of the interference, the parties will be given an opportunity to appear before the Board to present oral argument at a final hearing. An administrative patent judge may set a date and time for final hearing. Unless otherwise ordered by an administrative patent judge or the Board, each party will be entitled to no more than 30 minutes of oral argument at final hearing. A party who does not file a brief for final hearing (1.656(a)) shall not be entitled to appear at final hearing.

(b)

The opening argument of a junior party shall include a fair statement of the junior party's case and the junior party's position with respect to the case presented on behalf of any other party. A junior party may reserve a portion of its time for rebuttal.

(c)

A party shall not be entitled to argue that an opponent abandoned, suppressed, or concealed an actual reduction to practice unless a notice under 1.632 was timely filed.

(d)

After final hearing, the interference shall be taken under advisement by the Board. No further paper shall be filed except under 1.658(b) or as authorized by an administrative patent judge or the Board. No additional oral argument shall be had unless ordered by the Board.

[49 FR 48466, Dec. 12, 1984, added effective Feb. 11, 1985; paras. (a) & (d) revised, 60 FR 14488, Mar. 17, 1995, effective April 21, 1995]

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