37 CFR 41.102
Completion of examination.

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§41.102 Completion of examination.

Before a contested case is initiated, except as the Board may otherwise authorize, for each involved application and patent:

(a)

Examination or reexamination must be completed, and

(b)

There must be at least one claim that:

(1)

Is patentable but for a judgment in the contested case, and

(2)

Would be involved in the contested case.