[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: 37CFR41.47] [Page 396-397] 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 B_Ex Parte Appeals Sec. 41.47 Oral hearing. (a) An oral hearing should be requested only in those circumstances in which appellant considers such a hearing necessary or desirable for a proper presentation of the appeal. An appeal decided on the briefs without an oral hearing will receive the same consideration by the Board as appeals decided after an oral hearing. (b) If appellant desires an oral hearing, appellant must file, as a separate paper captioned ``REQUEST FOR ORAL HEARING,'' a written request for such hearing accompanied by the fee set forth in Sec. 41.20(b)(3) within two months from the date of the examiner's answer or supplemental examiner's answer. (c) If no request and fee for oral hearing have been timely filed by appellant as required by paragraph (b) of this section, the appeal will be assigned for consideration and decision on the briefs without an oral hearing. (d) If appellant has complied with all the requirements of paragraph (b) of this section, a date for the oral hearing will be set, and due notice thereof given to appellant. If an oral hearing is held, an oral argument may be presented by, or on behalf of, the primary examiner if considered desirable by either the primary examiner or the Board. A hearing will be held as stated in the notice, and oral argument will ordinarily be limited to twenty minutes for appellant and fifteen minutes for the primary examiner unless otherwise ordered. (e)(1) Appellant will argue first and may reserve time for rebuttal. At the oral hearing, appellant may only rely on evidence that has been previously entered and considered by the primary examiner and present argument that has been relied upon in the brief or reply brief except as permitted by paragraph (e)(2) of this section. The primary examiner may only rely on argument and evidence relied upon in an answer or a supplemental answer except as permitted by paragraph (e)(2) of this section. (2) Upon a showing of good cause, appellant and/or the primary examiner may rely on a new argument based upon a recent relevant decision of either the Board or a Federal Court. (f) Notwithstanding the submission of a request for oral hearing complying with this rule, if the Board decides that a hearing is not necessary, the Board will so notify appellant. (g) Extensions of time under Sec. 1.136(a) of this title for patent applications are not applicable to the time periods set forth in this section. See Sec. 1.136(b) of this title for extensions of time to reply for patent applications and Sec. 1.550(c) of this title for extensions of time to reply for ex parte reexamination proceedings. Effective Date Note: At 73 FR 32976, June 10, 2008, Sec. 41.47 was revised, 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 B_Ex Parte Appeals Sec. 41.47 Oral hearing. (a) Request for oral hearing. If appellant desires an oral hearing, appellant must file, as a separate paper, a written request captioned: ``REQUEST FOR ORAL HEARING''. (b) Fee. A request for oral hearing shall be accompanied by the fee required by Sec. 41.20(b)(3) of this part. (c) Time for filing request for oral hearing. Appellant must file a request for oral hearing within two months from the date of the examiner's answer. (d) Extension of time to file request for oral hearing. A request for an extension of time shall be presented as a petition under Sec. 41.3 of this part. (e) Date for oral hearing. If an oral hearing is properly requested, the Board shall set a date for the oral hearing. (f) Confirmation of oral hearing. Within such time as may be ordered by the Board, appellant shall confirm attendance at the oral hearing. Failure to timely confirm attendance will be taken as a waiver of any request for an oral hearing. (g) List of terms. At the time appellant confirms attendance at the oral hearing, appellant shall supply a list of technical terms [[Page 397]] and other unusual words which can be provided to any individual transcribing an oral hearing. (h) Length of argument. Unless otherwise ordered by the Board, argument on behalf of appellant shall be limited to 20 minutes. (i) Oral hearing limited to Record. At oral hearing only the Record will be considered. No additional evidence may be offered to the Board in support of the appeal. Any argument not presented in a brief cannot be raised at an oral hearing. (j) Recent legal development. Notwithstanding paragraph (i) of this section, an appellant or the examiner may rely on and call the Board's attention to a recent court or Board opinion which could have an effect on the manner in which the appeal is decided. (k) Visual aids. Visual aids may be used at an oral hearing, but must be limited to documents or artifacts in the Record or a model or an exhibit presented for demonstration purposes during an interview with the examiner. At the oral hearing, appellant shall provide one copy of each visual aid (photograph in the case of an artifact, a model or an exhibit) for each judge and one copy to be added to the Record. (l) Failure to attend oral hearing. Failure of an appellant to attend an oral hearing will be treated as a waiver of oral hearing.