37 C.F.R. § 41.102 Completion of examination.
Title 37 - Patents, Trademarks, and Copyrights
Before a contested case is initiated, except as the Board may otherwise authorize, for each involved application and patent: (a) Examination or reexamination must be completed, and (b) There must be at least one claim that: (1) Is patentable but for a judgment in the contested case, and (2) Would be involved in the contested case.
Title 37: Patents, Trademarks, and Copyrights
PART 41—PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
Subpart D—Contested Cases
§ 41.102 Completion of examination.