[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: 37CFR41.61]

[Page 401]
 
              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 C_Inter Partes Appeals
 
Sec. 41.61  Notice of appeal and cross appeal to Board.

    (a)(1) Upon the issuance of a Right of Appeal Notice under Sec. 
1.953 of this title, the owner may appeal to the Board with respect to 
the final rejection of any claim of the patent by filing a notice of 
appeal within the time provided in the Right of Appeal Notice and paying 
the fee set forth in Sec. 41.20(b)(1).
    (2) Upon the issuance of a Right of Appeal Notice under Sec. 1.953 
of this title, the requester may appeal to the Board with respect to any 
final decision favorable to the patentability, including any final 
determination not to make a proposed rejection, of any original, 
proposed amended, or new claim of the patent by filing a notice of 
appeal within the time provided in the Right of Appeal Notice and paying 
the fee set forth in Sec. 41.20(b)(1).
    (b)(1) Within fourteen days of service of a requester's notice of 
appeal under paragraph (a)(2) of this section and upon payment of the 
fee set forth in Sec. 41.20(b)(1), an owner who has not filed a notice 
of appeal may file a notice of cross appeal with respect to the final 
rejection of any claim of the patent.
    (2) Within fourteen days of service of an owner's notice of appeal 
under paragraph (a)(1) of this section and upon payment of the fee set 
forth in Sec. 41.20(b)(1), a requester who has not filed a notice of 
appeal may file a notice of cross appeal with respect to any final 
decision favorable to the patentability, including any final 
determination not to make a proposed rejection, of any original, 
proposed amended, or new claim of the patent.
    (c) The notice of appeal or cross appeal in the proceeding must 
identify the appealed claim(s) and must be signed by the owner, the 
requester, or a duly authorized attorney or agent.
    (d) An appeal or cross appeal, when taken, must be taken from all 
the rejections of the claims in a Right of Appeal Notice which the 
patent owner proposes to contest or from all the determinations 
favorable to patentability, including any final determination not to 
make a proposed rejection, in a Right of Appeal Notice which a requester 
proposes to contest. Questions relating to matters not affecting the 
merits of the invention may be required to be settled before an appeal 
is decided.
    (e) The time periods for filing a notice of appeal or cross appeal 
may not be extended.
    (f) If a notice of appeal or cross appeal is timely filed but does 
not comply with any requirement of this section, appellant will be 
notified of the reasons for non-compliance and given a non-extendable 
time period within which to file an amended notice of appeal or cross 
appeal. If the appellant does not then file an amended notice of appeal 
or cross appeal within the set time period, or files a notice which does 
not overcome all the reasons for non-compliance stated in the 
notification of the reasons for non-compliance, that appellant's appeal 
or cross appeal will stand dismissed.