[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR41.2]

[Page 384]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 41.2  Definitions.

    Unless otherwise clear from the context, the following definitions 
apply to proceedings under this part:
    Affidavit means affidavit, declaration under Sec. 1.68 of this 
title, or statutory declaration under 28 U.S.C. 1746. A transcript of an 
ex parte deposition may be used as an affidavit in a contested case.
    Board means the Board of Patent Appeals and Interferences and 
includes:
    (1) For a final Board action:
    (i) In an appeal or contested case, a panel of the Board.
    (ii) In a proceeding under Sec. 41.3, the Chief Administrative 
Patent Judge or another official acting under an express delegation from 
the Chief Administrative Patent Judge.
    (2) For non-final actions, a Board member or employee acting with 
the authority of the Board.
    Board member means the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and Trademark Office, 
the Deputy Under Secretary of Commerce for Intellectual Property and 
Deputy Director of the United States Patent and Trademark Office, the 
Commissioner for Patents, the Commissioner for Trademarks, and the 
administrative patent judges.
    Contested case means a Board proceeding other than an appeal under 
35 U.S.C. 134 or a petition under Sec. 41.3. An appeal in an inter 
partes reexamination is not a contested case.
    Final means, with regard to a Board action, final for the purposes 
of judicial review. A decision is final only if:
    (1) In a panel proceeding. The decision is rendered by a panel, 
disposes of all issues with regard to the party seeking judicial review, 
and does not indicate that further action is required; and
    (2) In other proceedings. The decision disposes of all issues or the 
decision states it is final.
    Hearing means consideration of the issues of record. Rehearing means 
reconsideration.
    Office means United States Patent and Trademark Office.
    Panel means at least three Board members acting in a panel 
proceeding.
    Panel proceeding means a proceeding in which final action is 
reserved by statute to at least three Board members, but includes a non-
final portion of such a proceeding whether administered by a panel or 
not.
    Party, in this part, means any entity participating in a Board 
proceeding, other than officers and employees of the Office, including:
    (1) An appellant;
    (2) A participant in a contested case;
    (3) A petitioner; and
    (4) Counsel for any of the above, where context permits.

    Effective Date Note: At 73 FR 32972, June 10, 2008, Sec. 41.2 was 
amended by revising the definitions of ``Board'' and ``Contested case'', 
effective December 10, 2008. For the convenience of the user, the 
revised text is set forth as follows:


 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 41.2  Definitions.

                                * * * * *

    Board means the Board of Patent Appeals and Interferences and 
includes:
    (1) For a final Board action in an appeal or contested case, a panel 
of the Board.
    (2) For non-final actions, a Board member or employee acting with 
the authority of the Board.

                                * * * * *

    Contested case means a Board proceeding other than an appeal under 
35 U.S.C. 134. An appeal in an inter partes reexamination proceeding is 
not a contested case.

                                * * * * *

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