37 CFR § 43.6 - Controlling legal authority; no unwritten or non-public binding policy or guidance.

---
identifier: "/us/cfr/t37/s43.6"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 43.6 - Controlling legal authority; no unwritten or non-public binding policy or guidance."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "43.6"
section_name: "Controlling legal authority; no unwritten or non-public binding policy or guidance."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "43"
part_name: "DECISION CIRCULATION AND REVIEW WITHIN 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), 6, 134, 135, 311, 316, 321, and 326."
regulatory_source: "89 FR 49814, June 12, 2024, unless otherwise noted."
cfr_part: "43"
---


# 43.6 Controlling legal authority; no unwritten or non-public binding policy or guidance.

Notwithstanding any other provision of this part, all decisions of the Board are expected to comport with all applicable statutes, regulations, binding case law, and written Office policy and guidance applicable to Board proceedings. There shall be no unwritten Office or Board policy or guidance that is binding on any panel of the Board. All written policy and guidance binding on panels of the Board shall be made public.