37 CFR 41.152: Applicability of the Federal Rules of Evidence

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

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41.152    Applicability of the Federal Rules of Evidence.

  • (a) Generally. Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to contested cases.
  • (b) Exclusions. Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply.
  • (c) Modifications in terminology. Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated:
    • Appellate court means United States Court of Appeals for the Federal Circuit or a United States district court when judicial review is under 35 U.S.C. 146.
    • Civil action, civil proceeding, action, and trial mean contested case.
    • Courts of the United States, U.S. Magistrate, court, trial court, and trier of fact mean Board.
    • Hearing means:
      • (i) In Federal Rule of Evidence 703, the time when the expert testifies.
      • (ii) In Federal Rule of Evidence 804(a)(5), the time for taking testimony.
    • Judge means the Board.
    • Judicial notice means official notice.
    • Trial or hearing means, in Federal Rule of Evidence 807, the time for taking testimony.
  • (d) The Board, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]