37 CFR 41.47 : Oral hearing.

(a) An oral should be requested only in those circumstances in which appellant considers such a necessary or desirable for a proper presentation of the appeal. An appeal decided on the briefs without an oral will receive the same consideration by the as appeals decided after an oral .

(b) If appellant desires an oral , appellant must file, as a separate paper captioned “REQUEST FOR ORAL ,” a written request for such accompanied by the fee set forth in § 41.20(b)(3) within two months from the date of the examiner's answer or on the date of filing of a reply brief, whichever is earlier.

(c) If no request and fee for oral have been timely filed by appellant as required by paragraph (b) of this section, the appeal will be assigned for consideration and decision on the briefs without an oral .

(d) If appellant has complied with all the requirements of paragraph (b) of this section, a date for the oral will be set, and due notice thereof given to appellant. If an oral is held, an oral argument may be presented by, or on behalf of, the primary examiner if considered desirable by either the primary examiner or the . A will be held as stated in the notice, and oral argument will ordinarily be limited to twenty minutes for appellant and fifteen minutes for the primary examiner unless otherwise ordered.

(e)

(1) Appellant will argue first and may reserve time for rebuttal. At the oral , appellant may only rely on that has been previously entered and considered by the primary examiner and present argument that has been relied upon in the brief or reply brief except as permitted by paragraph (e)(2) of this section. The primary examiner may only rely on argument and relied upon in an answer except as permitted by paragraph (e)(2) of this section.

(2) Upon a showing of good cause, appellant and/or the primary examiner may rely on a new argument based upon a recent relevant decision of either the or a Federal Court.

(f) Notwithstanding the submission of a request for oral complying with this rule, if the decides that a is not necessary, the will so notify appellant.

(g) Extensions of time under § 1.136(a) of this title for patent applications are not applicable to the time periods set forth in this section. See § 1.136(b) of this title for extensions of time to reply for patent applications and § 1.550(c) of this title for extensions of time to reply for ex parte reexamination proceedings.