The general requirements for motions in contested cases are stated at § 41.121(c).
(a) In an interference, substantive motions must:
(1) Raise a ,
(2) Seek to change the scope of the definition of the interfering subject matter or the correspondence of claims to the ,
(3) Seek to change the benefit accorded for the , or
(4) Seek judgment on derivation or on priority.
(b) To be sufficient, a motion must provide a showing, supported with appropriate evidence, such that, if unrebutted, it would justify the relief sought. The burden of proof is on the movant.
(c)Showing patentability.
(1) A moving to add or amend a claim must show the claim is patentable.
(2) A moving to add or amend a must show the is patentable over prior art.