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37 CFR §41.102

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
Before a contested case is initiated, except as the Board may otherwise authorize, for each involved application and patent:
  1. (a)Examination or reexamination must be completed, and
  2. (b)There must be at least one claim that:
    1. (1)Is patentable but for a judgment in the contested case, and
    2. (2)Would be involved in the contested case.