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37 CFR 41.127 : Judgment.

1 Jul 2013
ยง 41.127 Judgment.

(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 who could have properly moved for relief on an issue, but did not so move, may not take action in the after the judgment that is inconsistent with that 's failure to move, except that a losing shall not be estopped with respect to any contested subject matter for which that was awarded a favorable judgment.

(2)Final disposal of claim. Adverse judgment against a claim is a action of the requiring no further action by the to dispose of the claim permanently.

(b)Request for adverse judgment. A may at any time in the proceeding request judgment against itself. Actions construed to be a request for adverse judgment include:

(1) Abandonment of an application such that the no longer has an application or patent in the proceeding,

(2) Cancellation or disclaiming of a claim such that the no longer has a claim in the proceeding,

(3) Concession of priority or unpatentability of the contested subject matter, and

(4) Abandonment of the contest.

(c)Recommendation. The judgment may include a recommendation for further action by the examiner or by the Director. If the recommends rejection of a claim of an application, the examiner must enter and maintain the recommended rejection unless an amendment or showing of facts not previously of record is filed which, in the opinion of the examiner, overcomes the recommended rejection.

(d)Rehearing. A dissatisfied with the judgment may file a request for rehearing within 30 days of the entry of the judgment. The request must specifically identify all matters the believes to have been misapprehended or overlooked, and the place where the matter was previously addressed in a motion, opposition, or reply.

[ 69 FR 50003, Aug. 12, 2004, as amended at 69 FR 58260, Sept. 30, 2004]