---
kind: "section"
citation: "37 C.F.R. § 41.201"
title: "37"
number: "41.201"
heading: "Definitions."
url: "https://uscodex.org/cfr/37/41.201"
---

# §41.201. Definitions.


In addition to the definitions in §§ [41.2](/cfr/37/41.2.md) and [41.100](/cfr/37/41.100.md), 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)](/usc/35/102.md?p=g-1).

Constructive reduction to practice means a described and enabled anticipation under [35 U.S.C. 102(g)(1)](/usc/35/102.md?p=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](/usc/35/119-121.md), [365](/usc/35/365.md), or [386](/usc/35/386.md).

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)](/usc/35/135.md?p=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)](/cfr/37/41.207.md?p=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)](/usc/35/135.md?p=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](/usc/35/112.md) of an involved application claim where the applicant suggested, or could have suggested, an interference under [§ 41.202(a)](/cfr/37/41.202.md?p=a).

## Notes

### Amendments

[69 FR 50003, Aug. 12, 2004, as amended at 77 FR 46631, Aug. 6, 2012; 80 FR 17971, Apr. 2, 2015]

### 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.

### Amendments

[69 FR 50003, Aug. 12, 2004, as amended at 77 FR 46631, Aug. 6, 2012; 80 FR 17971, Apr. 2, 2015]