[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: 37CFR10.145]

[Page 368]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 10.145  Proof; variance; amendment of pleadings.

    In case of a variance between the evidence and the allegations in a 
complaint, answer, or reply, if any, the administrative law judge may 
order or authorize amendment of the complaint, answer, or reply to 
conform to the evidence. Any party who would otherwise be prejudiced by 
the amendment will be given reasonable opportunity to meet the 
allegations in the complaint, answer, or reply, as amended, and the 
administrative law judge shall make findings on any issue presented by 
the complaint, answer, or reply as amended.

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