---
kind: "section"
citation: "37 C.F.R. § 41.102"
title: "37"
number: "41.102"
heading: "Completion of examination."
url: "https://uscodex.org/cfr/37/41.102"
---

# §41.102. Completion of examination.


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

### Authority

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

### Source

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