###### 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.

#### § 42.2 Definitions.

The following definitions apply to this part:

*Affidavit* means affidavit or declaration under § 1.68 of this chapter. A transcript of an *ex parte* deposition or a declaration under 28 U.S.C. 1746 may be used as an affidavit.

*Board* means the Patent Trial and Appeal Board. Board means a panel of the Board, or a member or employee acting with the authority of the Board, including:

(1) For petition decisions and interlocutory decisions, a Board member or employee acting with the authority of the Board.

(2) For final written decisions under 35 U.S.C. 135(d), 318(a), and 328(a), a panel of the Board.

*Business day* means a day other than a Saturday, Sunday, or Federal holiday within the District of Columbia.

*Confidential information* means trade secret or other confidential research, development, or commercial information.

*Final* means final for the purpose of judicial review to the extent available. A decision is final only if it disposes of all necessary issues with regard to the party seeking judicial review, and does not indicate that further action is required.

*Hearing* means consideration of the trial.

*Involved* means an application, patent, or claim that is the subject of the proceeding.

*Judgment* means a final written decision by the Board, or a termination of a proceeding.

*Motion* means a request for relief other than by petition.

*Office* means the United States Patent and Trademark Office.

*Panel* means at least three members of the Board.

*Party* means at least the petitioner and the patent owner and, in a derivation proceeding, any applicant or assignee of the involved application.

*Petition* is a request that a trial be instituted.

*Petitioner* means the party filing a petition requesting that a trial be instituted.

*Preliminary Proceeding* begins with the filing of a petition for instituting a trial and ends with a written decision as to whether a trial will be instituted.

*Proceeding* means a trial or preliminary proceeding.

*Rehearing* means reconsideration.

*Trial* means a contested case instituted by the Board based upon a petition. A trial begins with a written decision notifying the petitioner and patent owner of the institution of the trial. The term trial specifically includes a derivation proceeding under 35 U.S.C. 135; an *inter partes* review under Chapter 31 of title 35, United States Code; a post-grant review under Chapter 32 of title 35, United States Code; and a transitional business-method review under section 18 of the Leahy-Smith America Invents Act. Patent interferences are administered under part 41 and not under part 42 of this title, and therefore are not trials.