37 CFR 42.21: Notice of basis for relief

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

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42.21    Notice of basis for relief.

  • (a) Notice of request for relief. The Board may require a party to file a notice stating the relief it requests and the basis for its entitlement to relief. A notice must include sufficient detail to place the Board and each opponent on notice of the precise relief requested. A notice is not evidence except as an admission by a party-opponent.
  • (b) Filing and service. The Board may set the times and conditions for filing and serving notices required under this section. The Board may provide for the notice filed with the Board to be maintained in confidence for a limited time.
  • (c) Effect. If a notice under paragraph (a) of this section is required:
    • (1) A failure to state a sufficient basis for relief may result in a denial of the relief requested;
    • (2) A party will be limited to filing motions consistent with the notice; and
    • (3) Ambiguities in the notice will be construed against the party.
  • (d) Correction. A party may move to correct its notice. The motion should be filed promptly after the party becomes aware of the basis for the correction. A correction filed after the time set for filing notices will only be entered if entry would serve the interests of justice.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]