41.208 Content of substantive and responsive motions.
The general requirements for motions in contested cases are stated at § 41.121(c).
In an interference, substantive motions must:
- (1) Raise a threshold issue,
- (2) Seek to change the scope of the definition of the interfering subject matter or the correspondence of claims to the count,
- (3) Seek to change the benefit accorded for the count, or
- (4) Seek judgment on derivation or on priority.
- (b) To be sufficient, a motion must provide a showing, supported with appropriate evidence, such that, if unrebutted, it would justify the relief sought. The burden of proof is on the movant.
Showing patentability. (1) A party moving to add or
amend a claim must show the claim is patentable.
- (2) A party moving to add or amend a count must show the count is patentable over prior art.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]