Definitions

37 CFR 42.2 Definitions.

The following definitions apply to this part:

Affidavit

means affidavit or

declaration under § 1.68 of this chapter. A transcript of an

ex

parte

deposition or a declaration under 28 U.S.C. 1746 may be used as an

affidavit.

Board

means the Patent Trial and Appeal Board. Board means a panel

of the Board, or a member or employee acting with the authority of the Board,

including:

(1) For petition decisions and interlocutory

decisions, a Board member or employee acting with the authority of the Board.

(2) For final written decisions under 35 U.S.C.

135(d), 318(a), and 328(a), a panel of the Board.

Business day

means a day other

than a Saturday, Sunday, or Federal holiday within the District of Columbia.

Confidential information

means trade secret or other confidential

research, development, or commercial information.

Final

means final for the purpose

of judicial review to the extent available. A decision is final only if it disposes

of all necessary issues with regard to the party seeking judicial review, and does

not indicate that further action is required.

Hearing

means consideration of the

trial.

Involved

means an application,

patent, or claim that is the subject of the proceeding.

Judgment

means a final written

decision by the Board, or a termination of a proceeding.

Motion

means a request for relief

other than by petition.

Office

means the United States

Patent and Trademark Office.

Panel

means at least three members

of the Board.

Party

means at least the

petitioner and the patent owner and, in a derivation proceeding, any applicant or

assignee of the involved application.

Petition

is a request that a trial

be instituted.

Petitioner

means the party filing

a petition requesting that a trial be instituted.

Preliminary Proceeding

begins with

the filing of a petition for instituting a trial and ends with a written decision as

to whether a trial will be instituted.

Proceeding

means a trial or

preliminary proceeding.

Rehearing

means reconsideration

e involved application.

Petition

is a request that a trial

be instituted.

Petitioner

means the party filing

a petition requesting that a trial be instituted.

Preliminary Proceeding

begins with

the filing of a petition for instituting a trial and ends with a written decision as

to whether a trial will be instituted.

Proceeding

means a trial or

preliminary proceeding.

Rehearing

means reconsideration.

Trial

means a contested case

instituted by the Board based upon a petition. A trial begins with a written decision

notifying the petitioner and patent owner of the institution of the trial. The term

trial specifically includes a derivation proceeding under

35 U.S.C.

135

; an

inter partes

review under Chapter 31

of title 35, United States Code; a post-grant review under Chapter 32 of title

35,United States Code; and a transitional business-method review under section 18 of

the Leahy-Smith America Invents Act. Patent interferences are administered under part

41 and not under part 42 of this title, and therefore are not trials.

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