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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),
    • (2) Filing of a brief or request for oral hearing (see §§ 41.37 , 41.41 , 41.47 , 41.67 , 41.68 , 41.71 and 41.73 ), or
    • (3) Seeking judicial review (see §§ 1.301 to 1.304 of this title).

[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (b) revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007]