§41.102. Completion of examination.

37 C.F.R. § 41.102

Before a contested case is initiated, except as the Board may otherwise authorize, for each involved application and patent:

(a)

Examination or reexamination must be completed, and

(b)

There must be at least one claim that:

(1)

Is patentable but for a judgment in the contested case, and

(2)

Would be involved in the contested case.

Notes, amendments, and revision history

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.