This page consolidates MPEP guidance interpreting 37 CFR § 41.33, including 95 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.

Summary

The 37 CFR 41.33 section governs how amendments and evidence are entered into the record during patent appeals, requiring explicit examiner approval for inclusion.

What this section covers

• The process of submitting additional evidence or amendments after an appeal notice has been filed.
• The examiner's role in determining whether submitted materials will be part of the official appeal record.

Key obligations

• Amendments or evidence submitted under 37 CFR 1.116 or 37 CFR 41.33 require explicit examiner entry to be considered part of the record.
• Submission of materials does not automatically guarantee their inclusion in the appeal record.

Conditions and exceptions

• Examiners have discretion in choosing whether to enter submitted amendments or evidence.

Practice notes

• Carefully draft and time amendments to maximize the likelihood of entry into the appeal record.
• Understand the examiner's discretionary power in accepting or rejecting supplemental materials during the appeal process.

Related Provisions

• 37 CFR § 1.116
• 37 CFR § 41.31
• 37 CFR § 90.3
• 37 CFR § 41.39
• 37 CFR § 1.131

Based on MPEP Last Modified: 10/30/2024 08:50:22