41.56—Sanctions.
(a) Imposition of sanctions.
The Chief Administrative Patent Judge or an expanded panel of the Board may impose a sanction against an appellant for misconduct, including:
(1)
Failure to comply with an order entered in the appeal or an applicable rule.
(2)
Advancing or maintaining a misleading or frivolous request for relief or argument.
(3)
Engaging in dilatory tactics.
(b) Nature of sanction.
Sanctions may include entry of:
(1)
An order declining to enter a docket notice.
(2)
An order holding certain facts to have been established in the appeal.
(3)
An order expunging a paper or precluding an appellant from filing a paper.
(4)
An order precluding an appellant from presenting or contesting a particular issue.
(5)
An order excluding evidence.
(7)
An order holding an application on appeal to be abandoned or a reexamination proceeding terminated.
(8)
An order dismissing an appeal.
(9)
An order denying an oral hearing.
(10)
An order terminating an oral hearing.
Code of Federal Regulations
Effective Date Note:
73 FR 32977, June 10, 2008, § 41.56 was added, effective Dec. 10, 2008. Per a subsequent rule published at 73 FR 74972, Dec. 10, 2008, the effective date of this rule was delayed indefinitely.