37 C.F.R. § 41.125

Decision on motions

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(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.

Notes of Decisions

Cited in 8 cases, 2006–2020 · leading case: Human Genome Sciences, Inc. v. Amgen, Inc.

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Human Genome Sciences, Inc. v. Amgen, Inc. (2008) ded · cites it 3× “” 37 C.F.R. § 41.125 (a). A rehearing may be requested on a decision on motions within 14 days of the Board’s decision; a panel may be requested for the review.”

Adair v. Carter (2012) cafc · cites it 2× “37 C.F.R. § 41.125 (c), governing rehearing before the Board, provides that “[t]he burden of showing a decision should be modified lies with the party attacking the decision [and t]he request must specifically identify .”

Spine v. BIEDERMANN MOTECH GMBH (2010) dcd “37 C.F.R. § 41.125 (c)(3). 17 The Board’s Standing Order also has a provision relating to requests for rehearings: A request for rehearing is, in form, a miscellaneous motion, but no prior conference call is required.”

Human Genome Sciences, Inc. v. Genentech, Inc. (2008) ded · cites it 3× “” 37 C.F.R. § 41.125 (a). A rehearing may be requested on a decision on motions within 14 days of the Board’s decision; a panel may be requested for the review.”

Enzo Therapeutics, Inc. v. Yeda Research & Development Co. (2007) vaed “37 C.F.R. § 41.125 (a). Although the issue before the Court concerns a “petition” under § 1.”

Regents of the University of California v. University of Iowa Research Foundation (2006) cafc “Under 37 C.F.R. § 41.125 (a) (allowing the Board to take up motions for decision in any order), the Board opted to consider first the 35 U.”

Enzo Therapeutics, Inc. v. Yeda Research & Development Co. of the Weizmann Institute of Science (2006) vaed “On August 16, 2005, Enzo requested a rehearing of the Motion for Benefit (“Request for Rehearing”), pursuant to 37 C.F.R. § 41.125 (c), and filed a petition requesting the Chief Administrative Judge to instruct the Board to withdraw its denial of Enzo’s Motion for Benefit…”

Chevron U.S.A. Inc. v. University of Wyoming Research (2020) cafc “DECISION This is an appeal from the Patent Trial and Appeal Board’s (“Board”) Decision on Motions under 37 C.F.R. § 41.125 (“Decision on Motions”) and from the Board’s Judgment under 37 C.”

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