Rules of Practice and Procedure effective September 15, 2011 - page 43

40
after the date on which a supplemental application is filed, the
Secretary shall submit for filing and serve a response to that
supplemental application. If the Secretary disputes the amount
of fees and expenses sought, before the Secretary files a
response the parties shall consult in good faith to seek
expeditious resolution of the matter. The response shall state
which elements of the supplemental application are not
contested and explain the Secretary's position on those
elements that are contested.
(2)
Reply.
Not later than 10 days after service of any
response by the Secretary, the applicant may submit for filing
and serve a reply addressing those matters contested by the
Secretary.
(3)
Supplemental applications for work performed
before other courts.
(A) Appeals to the Federal Circuit. When an
action on an application appealed to the U.S. Court of
Appeals for the Federal Circuit is returned to the Court
and the application has been granted in whole or in part
by any court, any supplemental application (over which
the Court has jurisdiction) based on representation
provided in that appeal may be filed in the Court not
later than 20 days after the mandate is issued by that
court.
See
F
ED
. R. A
PP
. P. 41; F
ED
. C
IR
. R. 41.
(B) Appeals to the U.S. Supreme Court. When an
action on an application appealed to the Supreme Court
is returned to the Court and the application has been
granted in whole or in part by any court, any
supplemental application (over which the Court has
jurisdiction) based on representation provided in that
appeal may be filed in the Court not later than 20 days
after the expiration of the time for filing a petition for a
rehearing by the Supreme Court.
See
S
UP
. C
T
. R. 45.
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