---
kind: "section"
citation: "37 C.F.R. § 41.33"
title: "37"
number: "41.33"
heading: "Amendments and affidavits or other Evidence after appeal."
url: "https://uscodex.org/cfr/37/41.33"
---

# §41.33. Amendments and affidavits or other Evidence after appeal.

- (a) Amendments filed after the date of filing an appeal pursuant to [§ 41.31(a)(1) through (a)(3)](/cfr/37/41.31.md?p=a-1..a-3) and prior to the date a brief is filed pursuant to [§ 41.37](/cfr/37/41.37.md) may be admitted as provided in [§ 1.116](/cfr/37/1.116.md) of this title.
- (b) Amendments filed on or after the date of filing a brief pursuant to [§ 41.37](/cfr/37/41.37.md) may be admitted:
  - (1) To cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, or
  - (2) **To rewrite dependent claims into independent form.**
- (c) All other amendments filed after the date of filing an appeal pursuant to [§ 41.31(a)(1) through (a)(3)](/cfr/37/41.31.md?p=a-1..a-3) will not be admitted except as permitted by §§ [41.39(b)(1)](/cfr/37/41.39.md?p=b-1), [41.50(a)(2)(i)](/cfr/37/41.50.md?p=a-2-i), and [41.50(b)(1)](/cfr/37/41.50.md?p=b-1).
- (d)
  - (1) An affidavit or other Evidence filed after the date of filing an appeal pursuant to [§ 41.31(a)(1) through (a)(3)](/cfr/37/41.31.md?p=a-1..a-3) and prior to the date of filing a brief pursuant to [§ 41.37](/cfr/37/41.37.md) may be admitted if the examiner determines that the affidavit or other Evidence overcomes all rejections under appeal and that a showing of good and sufficient reasons why the affidavit or other Evidence is necessary and was not earlier presented has been made.
  - (2) All other affidavits or other Evidence filed after the date of filing an appeal pursuant to [§ 41.31(a)(1) through (a)(3)](/cfr/37/41.31.md?p=a-1..a-3) will not be admitted except as permitted by §§ [41.39(b)(1)](/cfr/37/41.39.md?p=b-1), [41.50(a)(2)(i)](/cfr/37/41.50.md?p=a-2-i), and [41.50(b)(1)](/cfr/37/41.50.md?p=b-1).

## Notes

### Amendments

[69 FR 50003, Aug. 12, 2004, as amended at 76 FR 72296, Nov. 22, 2011]

### 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 76 FR 72296, Nov. 22, 2011]