[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR97.106]

[Page 262]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 97_PLANT VARIETY AND PROTECTION--Table of Contents
 
Sec. 97.106  Reply by applicant; request for reconsideration.

    (a) After an adverse action by the examiner, the applicant may 
respond to the denial and may request a reconsideration, with or without 
amendment of his or her application. Any amendment shall be responsive 
to the reason or reasons for denial specified by the examiner.
    (b) To obtain a reconsideration, the applicant shall submit a 
request for reconsideration in writing and shall specifically point out 
the alleged errors in the examiner's action. The applicant shall respond 
to each reason cited by the examiner as the basis for the adverse 
action. A request for reconsideration of a denial based on a faulty form 
or procedure may be held in abeyance by the Commissioner until the 
question of the variety being new, distinct, uniform, and stable is 
settled.
    (c) An applicant's request for a reconsideration must be a bona fide 
attempt to advance the case to final action. A general allegation by the 
applicant that certain language which he or she cites in the application 
or amendment thereto establishes the variety is new, distinct, uniform, 
and stable without specifically explaining how the language 
distinguishes the alleged new, distinct, uniform, and stable variety 
from the material cited by the examiner shall not be grounds for a 
reconsideration.

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17190, Apr. 4, 1995]