37 CFR 41.204: 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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41.204    Notice of basis for relief.

  • (a) Priority statement. (1) A party may not submit evidence of its priority in addition to its accorded benefit unless it files a statement setting forth all bases on which the party intends to establish its entitlement to judgment on priority.
    • (2) The priority statement must:
      • (i) State the date and location of the party’s earliest corroborated conception,
      • (ii) State the date and location of the party’s earliest corroborated actual reduction to practice,
      • (iii) State the earliest corroborated date on which the party’s diligence began, and
      • (iv) Provide a copy of the earliest document upon which the party will rely to show conception.
    • (3) If a junior party fails to file a priority statement overcoming a senior party’s accorded benefit, judgment shall be entered against the junior party absent a showing of good cause.
  • (b) Other substantive motions. The Board may require a party to list the motions it intends to file, including sufficient detail to place the Board and the opponent on notice of the precise relief sought.
  • (c) Filing and service. The Board will set the times for filing and serving statements required under this section.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]