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Notes

§42.61. Admissibility.

37 C.F.R. § 42.61

(a)
Evidence that is not taken, sought, or filed in accordance with this subpart is not admissible.
(b)
Records of the Office. Certification is not necessary as a condition to admissibility when the evidence to be submitted is a record of the Office to which all parties have access.
(c)
Specification and drawings. A specification or drawing of a United States patent application or patent is admissible as evidence only to prove what the specification or drawing describes. If there is data in the specification or a drawing upon which a party intends to rely to prove the truth of the data, an affidavit by an individual having first-hand knowledge of how the data was generated must be filed.
Notes, amendments, and revision history

Authority

Authority: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.

Source

Source: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.