37 CFR 41.2 : Definitions.

Unless otherwise clear from the context, the following definitions apply to proceedings under this part:

Affidavit means , declaration under § 1.68 of this title, or statutory declaration under 28 U.S.C. 1746. A transcript of an ex parte deposition may be used as an in a .

Board means the Patent Trial and Appeal and includes:

(1) For a action:

(i) In an appeal or , a of the .

(ii) In a proceeding under § 41.3, the Chief Administrative Patent Judge or another official acting under an express delegation from the Chief Administrative Patent Judge.

(2) For non-final actions, a or employee acting with the authority of the .

Board member means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark , the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark , the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges.

Contested case means a proceeding other than an appeal under 35 U.S.C. 134 or a petition under § 41.3. An appeal in an inter partes reexamination is not a .

Final means, with regard to a action, for the purposes of judicial review. A decision is only if:

(1)In a panel proceeding. The decision is rendered by a , disposes of all issues with regard to the seeking judicial review, and does not indicate that further action is required; and

(2)In other proceedings. The decision disposes of all issues or the decision states it is .

Hearing means consideration of the issues of record. Rehearing means reconsideration.

Office means United States Patent and Trademark .

Panel means at least three acting .

Panel proceeding means a proceeding in which action is reserved by statute to at least three members, but includes a non-final portion of such a proceeding whether administered by a or not.

Party, in this part, means any entity participating in a proceeding, other than officers and employees of the , including:

(1) An appellant;

(2) A participant in a ;

(3) A petitioner; and

(4) Counsel for any of the above, where context permits.