37 CFR § 41.104 - Conduct of contested case.

---
identifier: "/us/cfr/t37/s41.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 41.104 - Conduct of contested case."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "41.104"
section_name: "Conduct of contested case."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "41"
part_name: "PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29."
regulatory_source: "69 FR 50003, Aug. 12, 2004, unless otherwise noted."
cfr_part: "41"
---


# 41.104 Conduct of contested case.

(a) The Board may determine a proper course of conduct in a proceeding for any situation not specifically covered by this part and may enter non-final orders to administer the proceeding.

(b) An administrative patent judge may waive or suspend in a proceeding the application of any rule in this subpart, subject to such conditions as the administrative patent judge may impose.

(c) Times set in this subpart are defaults. In the event of a conflict between a time set by rule and a time set by order, the time set by order is controlling. Action due on a day other than a business day may be completed on the next business day unless the Board expressly states otherwise.