[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: 37CFR10.155]

[Page 371]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 10.155  Appeal to the Commissioner.

    (a) Within thirty (30) days from the date of the initial decision of 
the administrative law judge under Sec. 10.154, either party may appeal 
to the Commissioner. If an appeal is taken, the time for filing a cross-
appeal expires 14 days after the date of service of the appeal pursuant 
to Sec. 10.142 or 30 days after the date of initial decision of the 
administrative law judge, whichever is later. An appeal or cross-appeal 
by the respondent will be filed and served with the Director in 
duplicate and will include exceptions to the decisions of the 
administrative law judge and supporting reasons for those exceptions. If 
the Director files the appeal or cross-appeal, the Director shall serve 
on the other party a copy of the appeal or cross-appeal. The other party 
to an appeal or cross-appeal may file a reply brief. A respondent's 
reply brief shall be filed and served in duplicate with the Director. 
The time for filing any reply brief expires thirty (30) days after the 
date of service pursuant to Sec. 10.142 of an appeal, cross-appeal or 
copy thereof. If the Director files a reply brief, the Director shall 
serve on the other party a copy of the reply brief. Upon the filing of 
an appeal, cross-appeal, if any, and reply briefs, if any, the Director 
shall transmit the entire record to the Commissioner.
    (b) The appeal will be decided by the Commissioner on the record 
made before the administrative law judge.
    (c) The Commissioner may order reopening of a disciplinary 
proceeding in accordance with the principles which govern the granting 
of new trials. Any request to reopen a disciplinary proceeding on the 
basis of newly discovered evidence must demonstrate that the newly 
discovered evidence could not have been discovered by due diligence.
    (d) In the absence of an appeal by the Director, failure by the 
respondent to appeal under the provisions of this section shall be 
deemed to be both acceptance by the respondent of the initial decision 
and waiver by the respondent of the right to further administrative or 
judicial review.

[50 FR 5172, Feb. 6, 1985, as amended at 54 FR 26026, June 21, 1989; 60 
FR 64126, Dec. 14, 1995]