41.102    Completion of examination.

Before a contested case is initiated, except as the Board may otherwise authorize, for each involved application and patent:

    • (a) Examination or reexamination must be completed, and
    • (b) There must be at least one claim that:
      • (1) Is patentable but for a judgment in the contested case, and
      • (2) Would be involved in the contested case.

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