37 CFR 41.204 : Notice of basis for relief.

1 Jul 2009
§ 41.204 Notice of basis for relief.

(a)Priority statement.

(1) A 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 intends to establish its entitlement to judgment on priority.

(2) The priority statement must:

(i) State the date and location of the 's earliest corroborated conception,

(ii) State the date and location of the 's earliest corroborated actual reduction to practice,

(iii) State the earliest corroborated date on which the 's diligence began, and

(iv) Provide a copy of the earliest document upon which the will rely to show conception.

(3) If a junior fails to file a priority statement overcoming a 's accorded benefit, judgment shall be entered against the junior absent a showing of good cause.

(b)Other substantive motions. The may require a to list the motions it intends to file, including sufficient detail to place the and the opponent on notice of the precise relief sought.

(c)Filing and service. The will set the times for filing and serving statements required under this section.