37 CFR 41.125: Decision on motions

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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41.125    Decision on motions.

  • (a) Order of consideration. The Board may take up motions for decisions in any order, may grant, deny, or dismiss any motion, and may take such other action appropriate to secure the just, speedy, and inexpensive determination of the proceeding. A decision on a motion may include deferral of action on an issue until a later point in the proceeding.
  • (b) Interlocutory decisions. A decision on motions without a judgment is not final for the purposes of judicial review. A panel decision on an issue will govern further proceedings in the contested case.
  • (c) Rehearing—(1) Time for request. A request for rehearing of a decision on a motion must be filed within fourteen days of the decision.
    • (2) No tolling. The filing of a request for rehearing does not toll times for taking action.
    • (3) Burden on rehearing. The burden of showing a decision should be modified lies with the party attacking the decision. The request must specifically identify:
      • (i) All matters the party believes to have been misapprehended or overlooked, and
      • (ii) The place where the matter was previously addressed in a motion, opposition, or reply.
    • (4) Opposition; reply. Neither an opposition nor a reply to a request for rehearing may be filed without Board authorization.
    • (5) Panel rehearing. If a decision is not a panel decision, the party requesting rehearing may request that a panel rehear the decision. A panel rehearing a procedural decision will review the decision for an abuse of discretion.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]