[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: 37CFR41.52]

[Page 399-400]
 
              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. 41.52  Rehearing.

    (a)(1) Appellant may file a single request for rehearing within two 
months of the date of the original decision of the Board. No request for 
rehearing from a decision on rehearing will be permitted, unless the 
rehearing decision so modified the original decision as to become, in 
effect, a new decision, and the Board states that a second request for 
rehearing would be permitted. The request for rehearing must state with 
particularity the points believed to have been misapprehended or 
overlooked by the Board. Arguments not raised in the briefs before the 
Board and evidence not previously relied upon in the brief and any reply 
brief(s) are not permitted in the request for rehearing except as 
permitted by paragraphs (a)(2) and (a)(3) of this section. When a 
request for rehearing is made, the Board shall render a decision on the 
request for rehearing. The decision on the request for rehearing is 
deemed to incorporate the earlier opinion reflecting its decision for 
appeal, except for those portions specifically withdrawn on rehearing, 
and is final for the purpose of judicial review, except when noted 
otherwise in the decision on rehearing.
    (2) Upon a showing of good cause, appellant may present a new 
argument based upon a recent relevant decision of either the Board or a 
Federal Court.
    (3) New arguments responding to a new ground of rejection made 
pursuant to Sec. 41.50(b) are permitted.
    (b) Extensions of time under Sec. 1.136(a) of this title for patent 
applications are not applicable to the time period 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 32977, June 10, 2008, Sec. 41.52 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. 41.52  Rehearing.

    (a) Request for rehearing authorized. An appellant may file a single 
request for rehearing.
    (b) Time for filing request for rehearing. Any request for rehearing 
must be filed within two months from the date of the decision mailed by 
the Board.
    (c) Extension of time to file request for rehearing. A request for 
an extension of time shall be presented as a petition under Sec. 41.3 
of this part.
    (d) Content of request for rehearing. The form of a request for 
rehearing is governed by the requirements of Sec. 41.37(v) of this 
subpart, except that a request for rehearing may not exceed 10 pages, 
excluding any table of contents, table of authorities, and signature 
block. A request to exceed the page limit shall be made by petition 
under Sec. 41.3 at least ten calendar days before the request for 
rehearing is due. A request for rehearing must contain, under 
appropriate headings and in the order indicated, the following items:
    (1) Table of contents--see Sec. 41.37(i) of this subpart.
    (2) Table of authorities--see Sec. 41.37(j) of this subpart.
    (3) [Reserved]
    (4) Argument--see paragraph (f) of this section.
    (e) [Reserved]

[[Page 400]]

    (f) Argument. A request for rehearing shall state with particularity 
the points believed to have been misapprehended or overlooked by the 
Board. In filing a request for rehearing, the argument shall adhere to 
the following format: ``On page x, lines y-z of the Board's opinion, the 
Board states that (set out what was stated). The point misapprehended or 
overlooked was made to the Board in (identify paper, page and line where 
argument was made to the Board) or the point was first made in the 
opinion of the Board. The response is (state response).'' As part of 
each response, appellant shall refer to the page number and line or 
drawing number of a document in the Record. A general restatement of the 
case will not be considered an argument that the Board has 
misapprehended or overlooked a point. A new argument cannot be made in a 
request for rehearing, except:
    (1) New ground of rejection. Appellant may respond to a new ground 
of rejection entered pursuant to Sec. 41.50(d)(2) of this subpart.
    (2) Recent legal development. Appellant may rely on and call the 
Board's attention to a recent court or Board opinion which is relevant 
to an issue decided in the appeal.
    (g) No amendment or new evidence. No amendment or new evidence may 
accompany a request for rehearing.
    (h) Decision on rehearing. A decision will be rendered on a request 
for rehearing. The decision on rehearing is deemed to incorporate the 
underlying decision sought to be reheard except for those portions of 
the underlying decision specifically modified on rehearing. A decision 
on rehearing is final for purposes of judicial review, except when 
otherwise noted in the decision on rehearing.