37 CFR 41.120: Notice of basis for relief

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

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41.120    Notice of basis for relief.

  • (a) The Board may require a party to provide a notice stating the relief it requests and the basis for its entitlement to relief. The Board may provide for the notice to be maintained in confidence for a limited time.
  • (b) Effect. If a notice under paragraph (a) of this section is required, a party will be limited to filing substantive motions consistent with the notice. Ambiguities in the notice will be construed against the party. A notice is not evidence except as an admission by a party-opponent.
  • (c) Correction. A party may move to correct its notice. The motion should be filed promptly after the party becomes aware of the basis for the correction. A correction filed after the time set for filing notices will only be entered if entry would serve the interests of justice.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]