Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 5 is placed in the separate grouping of parts pertaining to patents regulations.

§ 41.121 Motions. ( a ) *Types of motions* — ( 1 ) *Substantive motions.* Consistent with the notice of requested relief, if any, and to the extent the Board authorizes, a party may file a motion: ( i ) To redefine the scope of the contested case,
( ii ) To change benefit accorded for the contested subject matter, or
( iii ) For judgment in the contested case.
( 2 ) *Responsive motions.* The Board may authorize a party to file a motion to amend or add a claim, to change inventorship, or otherwise to cure a defect raised in a notice of requested relief or in a substantive motion.
( 3 ) *Miscellaneous motions.* Any request for relief other than a substantive or responsive motion must be filed as a miscellaneous motion.
( b ) *Burden of proof.* The party filing the motion has the burden of proof to establish that it is entitled to the requested relief.
( c ) *Content of motions; oppositions and replies.* ( 1 ) Each motion must be filed as a separate paper and must include: ( i ) A statement of the precise relief requested,
( ii ) A statement of material facts (see paragraph (d) of this section), and
( iii ) A full statement of the reasons for the relief requested, including a detailed explanation of the significance of the evidence and the governing law, rules, and precedent.
( 2 ) *Compliance with rules.* Where a rule in part 1 of this title ordinarily governs the relief sought, the motion must make any showings required under that rule in addition to any showings required in this part.
( 3 ) The Board may order additional showings or explanations as a condition for filing a motion.
( d ) *Statement of material facts.* ( 1 ) Each material fact shall be set forth as a separate numbered sentence with specific citations to the portions of the record that support the fact.
( 2 ) The Board may require that the statement of material facts be submitted as a separate paper.
( e ) *Claim charts.* Claim charts must be used in support of any paper requiring the comparison of a claim to something else, such as another claim, prior art, or a specification. Claim charts must accompany the paper as an appendix. Claim charts are not a substitute for appropriate argument and explanation in the paper.
( f ) The Board may order briefing on any issue that could be raised by motion.