37 CFR 41.63: Amendments and affidavits or other evidence after appeal

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

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41.63    Amendments and affidavits or other evidence after appeal.

  • (a) Amendments filed after the date of filing an appeal pursuant to § 41.61 canceling claims may be admitted where such cancellation does not affect the scope of any other pending claim in the proceeding.
  • (b) All other amendments filed after the date of filing an appeal pursuant to § 41.61 will not be admitted except as permitted by § 41.77(b)(1).
  • (c) Affidavits or other evidence filed after the date of filing an appeal pursuant to § 41.61 will not be admitted except as permitted by reopening prosecution under § 41.77(b)(1).
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]