541.01    Motion to Change Oral Hearing Date

If a party to a proceeding before the Board desires to present oral argument (i.e., oral hearing) at final hearing, including a case decided under Accelerated Case Resolution (ACR), see TBMP § 528.05(a)(2), the party must file a request therefor, by separate paper, not later than 10 days after the due date for the filing of the last reply brief in the proceeding. See TBMP § 802. When a request for an oral hearing is filed, the Board sets the date and time for the hearing, and sends each party written notice thereof. [ Note 1.] Ordinarily, oral hearings are scheduled on Tuesdays, Wednesdays and Thursdays between 10:00 a.m. and 3:00 p.m. (Eastern Time). It is the normal practice of the Board, in setting an oral hearing, to telephone the parties, or their attorneys or other authorized representatives, to determine a convenient date and time for the hearing, following which the written notice formally scheduling the hearing is mailed.

The date or time of an oral hearing may be reset, so far as is convenient and proper, to meet the wishes of the parties and their attorneys or other authorized representatives. [ Note 2.] When parties agree to the resetting of an oral hearing, they should determine a new date and time convenient to every party and then contact the Board's Hearings and Decisions Officer by phone, well prior to the scheduled hearing date, to request that the hearing be reset for the new date and time. The parties should also file a written stipulation or consented motion confirming their agreement. If parties agree to the resetting of an oral hearing due to settlement negotiations, they should request that proceedings, including the time for oral hearing, be suspended pending completion of the negotiations.

When one or more of the parties does not consent to the resetting of an oral hearing, the party that wishes to have the hearing reset must file a motion therefor, showing good cause. [ Note 3.] See TBMP § 509. The motion should be filed well in advance of the scheduled hearing date. Further, to ensure that the motion is determined (by telephone conference call, if necessary) prior to the scheduled hearing date, the moving party should file its motion electronically by means of ESTTA, and telephone the Board’s Hearings and Decisions Officer. See TBMP § 502.06(a). An unconsented motion to reset an oral hearing should not be filed merely because another date would be more convenient. The process of scheduling an oral hearing is a time-consuming task for the Board. Because of the inherent difficulties in arranging a date for an oral hearing, an unconsented motion to reset the hearing should be filed only for the most compelling reasons. Examples thereof include the onset of serious illness, nonelective surgery, death of a family member and similar unanticipated or unavoidable events. [ Note 4.]

Repeated stipulations or consented requests to reset an oral hearing should not be filed and in most cases will be denied.

For further information concerning oral hearings, see TBMP § 802.

NOTES:

 1.   See 37 CFR § 2.129(a).

 2.   See 37 CFR § 2.129(b).

 3.   See Fed. R. Civ. P. 6(b).

 4.   See, e.g., In re Taylor & Francis [Publishers] Inc., 55 USPQ2d 1213, 1214 n.2 (TTAB 2000) (applicant’s request to reschedule oral hearing three hours before hearing due to "a sudden conflict of time" denied).