geab Conflicts Between PTAB Orders and Rules
The following text is taken from an email I sent to PTAB practitioner's email list service on 8/7/2013. Whenever an APJ orders action or inaction inconsistent with a rule, it should be required by Board policy to identify the inconsistency and expressly notify the parties that it is waiving or suspending that rule.Read More Rule 42.5 states that "(b) The Board may waive or suspend a requirement of parts 1, 41, and 42 and may place conditions on the waiver or suspension." Rule "42.70 (b) Demonstrative exhibits" states that: Demonstrative exhibits must be served at least five business days before the oral argument and filed no later than the time of the oral argument. [Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012; emphasis supplied.] In Motivepower, Inc. v. Cutsforth, Inc., I…