---
kind: "section"
citation: "37 C.F.R. § 41.63"
title: "37"
number: "41.63"
heading: "Amendments and affidavits or other evidence after appeal."
url: "https://uscodex.org/cfr/37/41.63"
---

# §41.63. Amendments and affidavits or other evidence after appeal.

- (a) Amendments filed after the date of filing an appeal pursuant to [§ 41.61](/cfr/37/41.61.md) canceling claims may be admitted where such cancellation does not affect the scope of any other pending claim in the proceeding.
- (b) All other amendments filed after the date of filing an appeal pursuant to [§ 41.61](/cfr/37/41.61.md) will not be admitted except as permitted by [§ 41.77(b)(1)](/cfr/37/41.77.md?p=b-1).
- (c) Affidavits or other evidence filed after the date of filing an appeal pursuant to [§ 41.61](/cfr/37/41.61.md) will not be admitted except as permitted by reopening prosecution under [§ 41.77(b)(1)](/cfr/37/41.77.md?p=b-1).

## 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.