[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.959]

[Page 213-214]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
  Subpart H--Inter Partes Reexamination of Patents That Issued From an 
Original Application Filed in the United States on or After November 29, 
                                  1999
 
Sec. 1.959  Notice of appeal and cross appeal to Board of Patent Appeals and Interferences in inter partes reexamination.

    (a)(1) Upon the issuance of a Right of Appeal Notice under 
Sec. 1.953, the patent owner involved in an inter partes reexamination 
proceeding may appeal to

[[Page 214]]

the Board of Patent Appeals and Interferences with respect to the final 
rejection of any claim of the patent by filing a notice of appeal within 
the time provided in the Right of Appeal Notice and paying the fee set 
forth in Sec. 1.17(b).
    (2) Upon the issuance of a Right of Appeal Notice under Sec. 1.953, 
a third party requester involved in an inter partes reexamination 
proceeding may appeal to the Board of Patent Appeals and Interferences 
with respect to any final decision favorable to the patentability, 
including any final determination not to make a proposed rejection, of 
any original, proposed amended, or new claim of the patent by filing a 
notice of appeal within the time provided in the Right of Appeal Notice 
and paying the fee set forth in Sec. 1.17(b).
    (b)(1) Within fourteen days of service of a third party requester's 
notice of appeal under paragraph (a)(2) of this section and upon payment 
of the fee set forth in Sec. 1.17(b), a patent owner who has not filed a 
notice of appeal may file a notice of cross appeal with respect to the 
final rejection of any claim of the patent.
    (2) Within fourteen days of service of a patent owner's notice of 
appeal under paragraph (a)(1) of this section and upon payment of the 
fee set forth in Sec. 1.17(b), a third party requester who has not filed 
a notice of appeal may file a notice of cross appeal with respect to any 
final decision favorable to the patentability, including any final 
determination not to make a proposed rejection, of any original, 
proposed amended, or new claim of the patent.
    (c) The notice of appeal or cross appeal in an inter partes 
reexamination proceeding must identify the appealed claim(s) and must be 
signed by the patent owner, the third party requester, or their duly 
authorized attorney or agent.
    (d) An appeal or cross appeal, when taken, must be taken from all 
the rejections of the claims in a Right of Appeal Notice which the 
patent owner proposes to contest or from all the determinations 
favorable to patentability, including any final determination not to 
make a proposed rejection, in a Right of Appeal Notice which a third 
party requester proposes to contest. Questions relating to matters not 
affecting the merits of the invention may be required to be settled 
before an appeal is decided.
    (e) The times for filing a notice of appeal or cross appeal may not 
be extended.