37 CFR § 41.208 — Content of substantive and responsive (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.208 Content of substantive and responsive
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.208, including 1 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 41.208 — Content of substantive and responsive
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.208 Content of substantive and responsive motions.
The general requirements for motions in contested cases are stated at § 41.121(c) .
- (a) In an interference, substantive motions must:
- (1) Raise a threshold issue,
- (2) Seek to change the scope of the definition of the interfering subject matter or the correspondence of claims to the count,
- (3) Seek to change the benefit accorded for the count, or
- (4) Seek judgment on derivation or on priority.
- (b) To be sufficient, a motion must provide a showing, supported with appropriate evidence, such that, if unrebutted, it would justify the relief sought. The burden of proof is on the movant.
- (c)
Showing patentability. (1) A party moving to add or
amend a claim must show the claim is patentable.
- (2) A party moving to add or amend a count must show the count is patentable over prior art.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]
| MPEP Section | Rules |
|---|---|
| MPEP § 714.16(b) |