41.4—Timeliness.
(a) Extensions of time.
Extensions of time will be granted only on a showing of good cause except as otherwise provided by rule.
(b) Late filings.
(1)
A late filing that results in either an application becoming abandoned or a reexamination prosecution becoming terminated under § 1.550(d) or § 1.957(b) of this title or limited under § 1.957(c) of this title may be revived as set forth in § 1.137 of this title.
(2)
A late filing that does not result in either an application becoming abandoned or a reexamination prosecution becoming terminated under § 1.550(d) or § 1.957(b) of this title or limited under § 1.957(c) of this title will be excused upon a showing of excusable neglect or a Board determination that consideration on the merits would be in the interest of justice.
(c) Scope.
This section governs all proceedings before the Board, but does not apply to filings related to Board proceedings before or after the Board has jurisdiction, such as:
(1)
Extensions during prosecution (see § 1.136 of this title ),
(3)
Seeking judicial review (see §§ 1.301 to 1.304 of this title).
Code of Federal Regulations
[69 FR 50003, Aug. 12, 2004, as amended at 72 FR 18907, Apr. 16, 2007]
Code of Federal Regulations
Effective Date Note:
At 73 FR 32973, June 10, 2008, § 41.4 was amended by revising paragraphs (b) and (c), 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:
§ 41.4
Timeliness.
(b) Late filings. (1) A request to revive an application which becomes abandoned or a reexamination proceeding which becomes terminated under §§ 1.550(d) or 1.957(b) or (c) of this title as a result of a late filing may be filed pursuant to § 1.137 of this title.
(2) A late filing that does not result in an application becoming abandoned or a reexamination proceeding becoming terminated under §§ 1.550(d) or 1.957(b)
or limited under § 1.957(c) of this title may be excused upon a showing of excusable neglect or a Board determination that consideration on the merits would be in the interests of justice.
(c) Scope. Except to the extent provided in this part, this section governs proceedings before the Board, but does not apply to filings related to Board proceedings before or after the Board has jurisdiction (§ 41.35
), such as:
(1) Extensions during prosecution (see
§ 1.136 of this title).
(2) Filing of a notice of appeal and an appeal brief (see §§ 41.31(c) and 41.37(c)
).
(3) Seeking judicial review (see
§§ 1.301
to 1.304 of this title).