37 CFR 41.33 — Amendments and affidavits or other Evidence after appeal

Ninth Edition, Revision 01.2024

• (a) Amendments filed after the date of filing an appeal pursuant to § 41.31(a)(1) through (a)(3) and prior to the date a brief is filed pursuant to § 41.37 may be admitted as provided in § 1.116 of this title.
• (b) Amendments filed on or after the date of filing a brief pursuant to § 41.37 may be admitted:
  • (1) To cancel claims, where such cancellation does not affect the scope of any other pending claim in the proceeding, or
  • (2) To rewrite dependent claims into independent form.
• (c) All other amendments filed after the date of filing an appeal pursuant to § 41.31(a)(1) through (a)(3) will not be admitted except as permitted by §§ 41.39(b)(1) , 41.50(a)(2)(i) , and 41.50(b)(1) .
• (d)
  • (1) An affidavit or other Evidence filed after the date of filing an appeal pursuant to § 41.31(a)(1) through (a)(3) and prior to the date of filing a brief pursuant to § 41.37 may be admitted if the examiner determines that the affidavit or other Evidence overcomes all rejections under appeal and that a showing of good and sufficient reasons why the affidavit or other Evidence is necessary and was not earlier presented has been made.
  • (2) All other affidavits or other Evidence filed after the date of filing an appeal pursuant to § 41.31(a)(1) through (a)(3) will not be admitted except as permitted by §§ 41.39(b)(1) , 41.50(a)(2)(i) , and 41.50(b)(1) .

[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; section heading and paras. (c) and (d) revised, 76 FR 72270, Nov. 22, 2011, effective Jan. 23, 2012]