Like any good set of rules, the PTAB trial rules provide for their modification or waiver in appropriate situations. That’s right — there’s a rule to break the rules. Three of them, in fact: 37 C.F.R. §§ 42.5(b), 5(c)(1), and 5(c)(3).
· Rule 5(b) authorizes the PTAB to waive or suspend any requirement of parts 1, 41, and 42 of 37 C.F.R.… More