TITLE 37 - PATENTS, TRADEMARKS, AND COPYRIGHTS

CHAPTER I - UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE

PART 41 - PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES

subpart b - APPEALS

41.31 - Appeal to Board.

  (a) Who may appeal and how to file an appeal. (1) Every applicant, any of whose claims has been twice rejected, may appeal from the decision of the examiner to the Board by filing a notice of appeal accompanied by the fee set forth in 41.20(b)(1) within the time period provided under 1.134 of this title for reply.

  (2) Every owner of a patent under ex parte reexamination filed under 1.510 of this title before November 29, 1999, any of whose claims has been twice rejected, may appeal from the decision of the examiner to the Board by filing a notice of appeal accompanied by the fee set forth in 41.20(b)(1) within the time period provided under 1.134 of this title for reply.

  (3) Every owner of a patent under ex parte reexamination filed under 1.510 of this title on or after November 29, 1999, any of whose claims has been finally (1.113 of this title) rejected, may appeal from the decision of the examiner to the Board by filing a notice of appeal accompanied by the fee set forth in 41.20(b)(1) within the time period provided under 1.134 of this title for reply.

  (b) The signature requirement of 1.33 of this title does not apply to a notice of appeal filed under this section.

  (c) An appeal, when taken, must be taken from the rejection of all claims under rejection which the applicant or owner proposes to contest.

Questions relating to matters not affecting the merits of the invention may be required to be settled before an appeal can be considered.

  (d) The time periods set forth in paragraphs (a)(1) through (a)(3) of this section are extendable under the provisions of 1.136 of this title for patent applications and 1.550(c) of this title for ex parte reexamination proceedings.