37 CFR 41.121: Motions

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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41.121    Motions.

  • (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.
  • (d) Statement of material facts. (1) Each material fact shall be set forth as a separate numbered sentence with specific citations to the portions of the record that support the fact.
    • (2) The Board may require that the statement of material facts be submitted as a separate paper.
  • (e) Claim charts. Claim charts must be used in support of any paper requiring the comparison of a claim to something else, such as another claim, prior art, or a specification. Claim charts must accompany the paper as an appendix. Claim charts are not a substitute for appropriate argument and explanation in the paper.
  • (f) The Board may order briefing on any issue that could be raised by motion.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]