37 CFR 41.30: Definitions

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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41.30    Definitions.

In addition to the definitions in § 41.2, the following definitions apply to proceedings under this subpart unless otherwise clear from the context:

Applicant means either the applicant in a national application for a patent or the applicant in an application for reissue of a patent.

Evidence means something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, except that for the purpose of this subpart Evidence does not include dictionaries, which may be cited before the Board.

Owner means the owner of the patent undergoing ex parte reexamination under § 1.510 of this title.

Proceeding means either a national application for a patent, an application for reissue of a patent, an ex parte reexamination proceeding, or a trial before the Patent Trial and Appeal Board. Appeal to the Board in an inter partes reexamination proceeding is controlled by subpart C of this part.

Record means the items listed in the content listing of the Image File Wrapper of the official file of the application or reexamination proceeding on appeal or the official file of the Office if other than the Image File Wrapper, excluding amendments, Evidence, and other documents that were not entered. In the case of an issued patent being reissued or reexamined, the Record further includes the Record of the patent being reissued or reexamined.

[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; definitions of “evidence” and “record” added, 76 FR 72270, Nov. 22, 2011, effective Jan. 23, 2012; definition of “proceeding” revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]