C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 41—PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD › Subpart D—Contested Cases

37 C.F.R. § 41.102

Completion of examination

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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.

Notes of Decisions
Cited in 2 cases, 2018–2019 · leading case: Mayo Clinic Found. v. Iancu, 309 F. Supp. 3d 425 (E.D. Va. 2018).
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Mayo Clinic Found. v. Iancu, 309 F. Supp. 3d 425 (E.D. Va. 2018). “" 37 C.F.R. § 41.102 . 3 Once an interference is declared, the PTAB takes evidence and "enters final judgment on questions of priority and patentability arising in an interference.”
Mayo Found. v. Iancu (Fed. Cir. 2019). “While the PTO’s regulations do indicate that at least one claim in an application should be in condition for allowance before an interference is de- clared, see 37 C.F.R. § 41.102 , the regulations also explic- itly contemplate that the Board may recommend further action by the…”
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