37 CFR § 41.63 - Amendments and affidavits or other evidence after appeal.

---
identifier: "/us/cfr/t37/s41.63"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 41.63 - Amendments and affidavits or other evidence after appeal."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "41.63"
section_name: "Amendments and affidavits or other evidence after appeal."
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"
---


# 41.63 Amendments and affidavits or other evidence after appeal.

(a) Amendments filed after the date of filing an appeal pursuant to § 41.61 canceling claims may be admitted where such cancellation does not affect the scope of any other pending claim in the proceeding.

(b) All other amendments filed after the date of filing an appeal pursuant to § 41.61 will not be admitted except as permitted by § 41.77(b)(1).

(c) Affidavits or other evidence filed after the date of filing an appeal pursuant to § 41.61 will not be admitted except as permitted by reopening prosecution under § 41.77(b)(1).