MPEP 1002.02(j)
Petitions Decided by the Patent Trial and Appeal Board

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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1002.02(j)    Petitions Decided by the Patent Trial and Appeal Board [R-07.2015]

1. Requests in a reply brief to consider a new argument not previously raised in an appeal brief or not responsive to an argument raised by the examiner. 37 CFR 41.41(b)(2).

2. Requests in an oral hearing to rely on a new argument based upon a recent relevant decision of the Patent Trial and Appeal Board or a Federal Court. 37 CFR 41.47(e)(2).

3. Requests made in a request for rehearing to review a panel’s failure to designate a new ground of rejection in its decision. 37 CFR 41.50(c).

4. Petitions to institute a trial. 37 CFR 42.4(a), 42.108, 42.208, 42.300, and 42.408.

5. Determination of the proper course of conduct in an interference or trial proceeding. 37 CFR 41.104, 42.5.

6. Authorizations to file a motion other than a petition requesting the institution of a trial. 37 CFR 41.121 and 42.2042.25.

7. Motions including, but not limited to: