41.12—Citation of authority.
(a)
Citations to authority must include:
(1)
For any United States Supreme Court decision, a United States Reports citation.
(2)
For any decision other than a United States Supreme Court decision, parallel citation to both the West Reporter System and to the United States Patents Quarterly whenever the case is published in both. Other parallel citations are discouraged.
(3)
Pinpoint citations whenever a specific holding or portion of an authority is invoked.
(b)
Non-binding authority should be used sparingly. If the authority is not an authority of the Office and is not reproduced in one of the reporters listed in paragraph (a) of this section, a copy of the authority should be filed with the first paper in which it is cited.
Code of Federal Regulations
Effective Date Note:
At 73 FR 32973, June 10, 2008, § 41.12 was revised, effective December 10, 2008. Per a subsequent final rule published at 73 FR 74972, Dec. 10, 2008, the effective date of this action was delayed indefinitely. For the convenience of the user, the revised text is set forth as follows:
§ 41.12
Citation of authority.
(a) Authority. Citations to authority must include:
(1) United States Supreme Court decision. A citation to a single source in the following order of priority: United States Reports, West's Supreme Court Reports, United States Patents Quarterly, Westlaw, or a slip opinion.
(2) United States Court of Appeals decision. A citation to a single source in the following order of priority: West's Federal Reporter (F., F.2d or F.3d), West's Federal Appendix (Fed. Appx.), United States Patents Quarterly, Westlaw, or a slip opinion.
(3) United States District Court decision. A citation to a single source in the following order of priority: West's Federal Supplement (F.Supp., F.Supp. 2d), United States Patents Quarterly, Westlaw, or a slip opinion.
(4) Slip opinions. If a slip opinion is relied upon, a copy of the slip opinion must accompany the first paper in which an authority is cited.
(5) Pinpoint citations. Use pinpoint citations whenever a specific holding or portion of an authority is invoked.
(b) Non-binding authority. Non-binding authority may be cited. If non-binding authority is not an authority of the Office and is not reproduced in one of the reporters listed in paragraph (a) of this section, a copy of the authority shall be filed with the first paper in which it is cited.