37 CFR 11.49: Burden of proof
Taken from the USPTO's TM Federal Statutes and Rules, Last Revised in January 2018
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§11.49 Burden of proof.
In a disciplinary proceeding, the OED Director shall have the burden of proving the violation by clear and convincing evidence and a respondent shall have the burden of proving any affirmative defense by clear and convincing evidence.
[Added 73 FR 47650, Aug 14. 2008, effective Sept. 15, 2008]