Definitions

37 CFR 41.2  Definitions.

Unless otherwise clear from the context, the following definitions

apply to proceedings under this part:

Affidavit

means affidavit, declaration under

§

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 Patent Trial and Appeal Board 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

§

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

§ 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

tion under

§ 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.

37 CFR 41.100  Definitions.

In addition to the definitions in

§ 41.2

, the

following definitions apply to proceedings under this subpart:

Business day

means a day other than a Saturday, Sunday, or Federal

holiday within the District of Columbia.

Involved

means the Board has declared the patent application,

patent, or claim so described to be a subject of the contested case.

37 CFR 41.200  Procedure; pendency.

(a) A patent interference is a contested case subject to the

procedures set forth in subpart D of this part.

(b) Any reference to 35 U.S.C. 102 or 135 in this subpart refers

to the statute in effect on March 15, 2013, unless otherwise expressly

indicated. Any reference to 35 U.S.C. 141 or 146 in this subpart refers to the

statute applicable to the involved application or patent.

ocedure; pendency.

(a) A patent interference is a contested case subject to the

procedures set forth in subpart D of this part.

(b) Any reference to 35 U.S.C. 102 or 135 in this subpart refers

to the statute in effect on March 15, 2013, unless otherwise expressly

indicated. Any reference to 35 U.S.C. 141 or 146 in this subpart refers to the

statute applicable to the involved application or patent.

(c) Patent interferences shall be administered such that pendency

before the Board is normally no more than two years.

37 CFR 41.201  Definitions.

In addition to the definitions in

§§ 41.2

and

41.100

, the following definitions apply to proceedings under

this subpart:

Accord benefit

means Board recognition that a patent application

provides a proper constructive reduction to practice under

35 U.S.C.

102(g)(1)

.

Constructive reduction to practice

means a described and enabled

anticipation under

35 U.S.C. 102(g)(1),

in a patent

application of the subject matter of a count.

Earliest

constructive reduction to practice

means the first constructive

reduction to practice that has been continuously disclosed through a chain of patent

applications including in the involved application or patent. For the chain to be

continuous, each subsequent application must comply with the requirements of

35 U.S.C. 119-121

,

365

, or

386

.

Count

means the Board’s description of the interfering subject

matter that sets the scope of admissible proofs on priority. Where there is more than

one count, each count must describe a patentably distinct invention.

Involved claim

means, for the purposes of

35 U.S.C.

135(a)

, a claim that has been designated as corresponding to

the count.

Senior party

means the party entitled to the presumption under

§

41.207(a)(1)

that it is the prior inventor. Any other party is

a

junior party

.

Threshold issue

means an issue that, if resolved in favor of the

movant, would deprive the opponent of standing in the interference. Threshold issues

may include:

(1) No interference-in-fact, and

aim that has been designated as corresponding to

the count.

Senior party

means the party entitled to the presumption under

§

41.207(a)(1)

that it is the prior inventor. Any other party is

a

junior party

.

Threshold issue

means an issue that, if resolved in favor of the

movant, would deprive the opponent of standing in the interference. Threshold issues

may include:

(1) No interference-in-fact, and

(2) In the case of an involved application claim first made after

the publication of the movant’s application or issuance of the movant’s

patent:

(i) Repose under

35 U.S.C. 135(b)

in

view of the movant’s patent or published application, or

(ii) Unpatentability for lack of written description under

35

U. S.C. 112

of an involved application claim where

the applicant suggested, or could have suggested, an interference under

§

41.202(a)

.