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Title 37: Patents, Trademarks, and Copyrights
CHAPTER I: UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
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Subpart B: Ex Parte Appeals
41.56 - Sanctions.
(a) Imposition of sanctions. The Chief Administrative Patent Judge or an expanded panel of the Board may impose a sanction against an appellant for misconduct, including:
(1) Failure to comply with an order entered in the appeal or an applicable rule.
(2) Advancing or maintaining a misleading or frivolous request for relief or argument.
(3) Engaging in dilatory tactics.
(b) Nature of sanction. Sanctions may include entry of:
(1) An order declining to enter a docket notice.
(2) An order holding certain facts to have been established in the appeal.
(3) An order expunging a paper or precluding an appellant from filing a paper.
(4) An order precluding an appellant from presenting or contesting a particular issue.
(5) An order excluding evidence.
(6) [Reserved]
(7) An order holding an application on appeal to be abandoned or a reexamination proceeding terminated.
(8) An order dismissing an appeal.
(9) An order denying an oral hearing.
(10) An order terminating an oral hearing.
Effective Date Note:
At 73 FR 32977, June 10, 2008, § 41.56 was added, effective December 10, 2008. Per a subsequent final rule published at 73 FR 74972, Dec. 10, 2008, the effective date of this rule was delayed indefinitely.
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