41.63    Amendments and affidavits or other evidence after appeal.

    • (a) Amendments filed after the date of filing an appeal pursuant to § 41.61  canceling claims may be admitted where such cancellation does not affect the scope of any other pending claim in the proceeding.
    • (b) All other amendments filed after the date of filing an appeal pursuant to § 41.61  will not be admitted except as permitted by § 41.77 (b)(1).
    • (c) Affidavits or other evidence filed after the date of filing an appeal pursuant to § 41.61  will not be admitted except as permitted by reopening prosecution under § 41.77 (b)(1).

[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]