§ 42.23. Oppositions, replies, and sur-replies.
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/us/cfr/t37/s§ 42.23·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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, patent owner response, or decision on institution. 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. \[85 FR 79128, Dec. 9, 2020\]
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§ 42.23
Oppositions, replies, and sur-replies.
Fed. Reg.×3
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