In addition to the definitions in §§ 41.2 and 41.100 , the following definitions apply to proceedings under this subpart: Accord benefit means Board recognition that a patent application provides a proper constructive reduction to practice under 35 U.S.C. 102(g)(1) . Constructive reduction to practice means a described and enabled anticipation under 35 U.S.C. 102(g)(1) , in a patent application of the subject matter of a count. Earliest constructive reduction to practice means the first constructive
(a)Effect within Office - (1)Estoppel. A judgment disposes of all issues that were, or by motion could have properly been, raised and decided. A losing party who could have properly moved for relief on an issue, but did not so move, may not take action in the Office after the judgment that is inconsistent with that party's failure to move, except that a losing party shall not be estopped with respect to any contested subject matter for which that party was awarded a favorable judgment. (2)Final disposal
(a) In an appeal brief (§§ 41.37 , 41.67 , or 41.68 ) or at the initiation of a contested case (§ 41.101 ), and within 20 days of any change during the proceeding, a party must identify: (1) Its real party-in-interest, and (2) Each judicial or administrative proceeding that could affect, or be affected by, the Board proceeding. (b) For contested cases, a party seeking judicial review of a Board proceeding must file a notice with the Board of the judicial review within 20 days of the filing of the
(a)Constructive notice; time for filing. Pursuant to 35 U.S.C. 135(c) , an agreement or understanding, including collateral agreements referred to therein, made in connection with or in contemplation of the termination of an interference must be filed prior to the termination of the interference between the parties to the agreement. After a final decision is entered by the Board, an interference is considered terminated when no appeal ( 35 U.S.C. 141 ) or other review ( 35 U.S.C. 146 ) has been or
(a)Request for oral argument. A party may request an oral argument on an issue raised in a paper within five business days of the filing of the paper. The request must be filed as a separate paper and must specify the issues to be considered. (b)Copies for panel. If an oral argument is set for a panel, the movant on any issue to be argued must provide three working copies of the motion, the opposition, and the reply. Each party is responsible for providing three working copies of its exhibits relating