37 CFR 41.102: Completion of examination

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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41.102    Completion of examination.

Before a contested case is initiated, except as the Board may otherwise authorize, for each involved application and patent:

  • (a) Examination or reexamination must be completed, and
  • (b) There must be at least one claim that:
    • (1) Is patentable but for a judgment in the contested case, and
    • (2) Would be involved in the contested case.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]