§ 42.23 - Oppositions, replies, and sur-replies.

§ 42.23 Oppositions, replies, and sur-replies.

Cross Reference

Link to an amendment published at 85 FR 79128, Dec. 9, 2020.

(a) Oppositions, replies, and sur-replies must comply with the content requirements for motions and, if the paper to which the opposition, reply, or sur-reply is responding contains a statement of material fact, must include a listing of facts that are admitted, denied, or cannot be admitted or denied. Any material fact not specifically denied may be considered admitted.

(b) All arguments for the relief requested in a motion must be made in the motion. A reply may only respond to arguments raised in the corresponding opposition, patent owner preliminary response, or patent owner response, or decision on institution.

[77 FR 48669, Aug. 14, 2012, as amended at 80 FR 28565, May 19, 2015; 81 FR 18765, Apr. 1, 2016

A sur-reply may only respond to arguments raised in the corresponding reply and may not be accompanied by new evidence other than deposition transcripts of the cross-examination of any reply witness.

[85 FR 79128, Dec. 9, 2020]