37 CFR 41.121
This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in November, 2005. You may return to the main 37 CFR Index, or to the index for one of the follow parts:
part 1 (patents);
part 2 (trademarks);
part 3 (assignments);
part 10 (representation); or
part 200+ (copyrights).
(a)Types of motions -- (1) Substantive motions. Consistent with the notice of requested relief, if any, and to the extent the Board authorizes, a party may file a motion:
(i)To redefine the scope of the contested case,
(ii)To change benefit accorded for the contested subject matter, or
(iii)For judgment in the contested case.
(2)Responsive motions. The Board may authorize a party to file a motion to amend or add a claim, to change inventorship, or otherwise to cure a defect raised in a notice of requested relief or in a substantive motion.
(3)Miscellaneous motions. Any request for relief other than a substantive or responsive motion must be filed as a miscellaneous motion.
(b)Burden of proof. The party filing the motion has the burden of proof to establish that it is entitled to the requested relief.
(c)Content of motions; oppositions and replies. (1) Each motion must be filed as a separate paper and must include:
(i)A statement of the precise relief requested,
(ii)A statement of material facts (see paragraph (d) of this section), and
(iii)A full statement of the reasons for the relief requested, including a detailed explanation of the significance of the evidence and the governing law, rules, and precedent.
(2)Compliance with rules. Where a rule in part 1 of this title ordinarily governs the relief sought, the motion must make any showings required under that rule in addition to any showings required in this part.
(3)The Board may order additional showings or explanations as a condition for filing a motion.