(c) Administrative agencies.

(1) Petitions for review; payment of fees (except Patent and Trademark Office). FRAP 15(a) shall govern appeals from administrative agencies. Upon filing of the petition for review, the petitioner shall pay to the clerk of this court such fees as are prescribed by statute and the fee prescribed by Rule 17 of these rules.

(2) Service of the petition for review; certified list (except Patent and Trademark Office). FRAP 15(c) shall govern service of the petition for review. Upon service of the petition upon the agency, the agency shall promptly transmit the certified list described in FRAP 17(b) to the clerk of this court.

(3) Appeals from decisions of the Patent and Trademark Office; payment of fee; notice to Commissioner; certified list. A notice of appeal from a decision of the Patent and Trademark Office, and reasons of appeal if required, shall be filed with the Commissioner of Patents and Trademarks within the time prescribed by law. The appellant shall simultaneously transmit a copy of the notice and any reasons of appeal, together with the fee prescribed by Rule 17 of these rules, to the clerk of this court. Upon receipt of the notice and any reasons of appeal, the Commissioner shall promptly transmit to the clerk of this court a certified list as described in FRAP 17(b), which shall constitute compliance with the requirement of 35 U.S.C. 143 and 15 U.S.C. 1071(a)(3) for the transmission of a certified record to the court.

Rule 11. Record on Appeal; Transmission of Docket Entries or Certified List; Docketing

(a) General.

(1) Composition of record. The record on appeal shall consist of those papers named in FRAP 10(a) and 16.

(2) Transcript of proceedings; duty of appeallant to order; notice to appellee if partial transcript is ordered; duty of reporter to prepare and file transcript; notice to court. FRAP 10(b) and 10(c) and the first paragraph of FRAP 11(b) shall govern the preparation and filing of the transcript of proceedings in the tribunal from which appeal is taken.

(3) Correction or modification of record. FRAP 10(e) and 16(b) shall govern correction or modification of the record except that no supplemental record need be transmitted to this court.

(4) Retention of record. All papers shall be retained by the tribunal from which appeal is taken, as provided in FRAP 11(e) and 17(b). When deemed necessary, the original or certified copies of the trial or administrative record, or portions thereof, may be ordered by this court, on motion or sua sponte, at any time during pendency of the appeal.

(b) Docketing of appeals.

(1) From courts. In appeals from courts, the clerk of this court shall enter the appeal on the docket upon receipt of the documents required by Rule 10(a)(2) and Rule 10(b)(3) of these rules.

(2) From administrative agencies. In appeals from administrative agencies, the clerk of this court shall enter the appeal on the docket upon

receipt of the certified list required by Rule 10(c)(2) and rule 10(c)(3) of these rules.

(3) Clerk to provide notice. The clerk of this court shall give notice to all parties of the date on which the appeal was docketed.

(c) Access of counsel to original record. (1) Material not subject to a protective order. When a notice of appeal or petition for review is filed, the clerk of the trial court or the administrative agency shall permit counsel to inspect the non-confidential original papers, transcript, and papers, transcript, and exhibits, for purposes of the preparation of the appendix. The clerk of the trial court or the administrative agency shall permit counsel to make copies of these materials upon payment of the customary fee.

(2) Material subject to a protective order. Counsel shall be permitted access to and to make copies of material contained in the record governed by a protective order issued by the trial court or administrative agency in accordance with the protective order. If the protective order is amended, modified, or annulled by this court, pursuant to paragraph (d) of this rule, the access of counsel shall be governed by the order of this court.

(3) Patent and Trademark Office proceedings. Upon the filing of a notice of appeal from a decision of the Patent and Trademark Office, the Commissioner shall permit counsel of record in the Office to inspect the original papers and exhibits for purposes of the preparation of the appendix. The Office shall permit counsel to make copies of these materials upon payment of the customary fee.

(d) Preservation of protective order on appeal. Material contained in the record on appeal which is subject to a protective order issued by the trial court, or an administrative agency, shall remain subject to that order, unless this court, on motion, amends, modifies, or annuls the order.

(e) In camera proceeding. In a proper case, where the interests of justice require, and upon a convincing showing thereof by motion properly made, the court will sit in camera or may seal its record, or both.

Rule 12. Appendices

(a) Contents. FRAP 30(a) shall govern the contents of the appendix, except that the following will not be included in appendices other than by leave or order of this court:

(1) briefs and memoranda

(2) notices

(3) subpoenas

(4) summonses in appeals other than those from the Court of International Trade

(5) motions to extend time

(6) admissions and affidavits of service and mailing

(7) jury lists.

(b) Determination of contents of appendix; cost of production. The determination of the contents of the appendix and the assessment of costs of production shall be governed by FRAP 30(b), except that the 10-day period specified in

the second sentence of that rule shall commence upon the docketing of the appeal in this court. If a transcript of the proceedings is required before the contents of the appendix can be designated and if the transcript has been ordered but not completed within the time periods prescribed by this rule and FRAP 30(b), a party may request an extension of time within which to designate the contents of the appendix.

(c) Form. The form of appendices shall be governed by FRAP 32, except that papers shall be 8% by 11 inches and type matter 62 by 9%2 inches.

(d) Arrangement. FRAP 30(d) shall govern the arrangement of the appendix.

(e) Pagination; optional separate document. The appendix and the brief should normally be incorporated within one cover. If voluminous, the appendix may be filed as a separate document. In either event, the appendix and the brief shall be separately paginated.

(f) Number of copies. Except for appendices containing material subject to a protective order (see paragraph (i) of this rule), twelve copies of the appendix must be filed with the court.

(g) Service. Two copies of a separate appendix shall be served on counsel for each party represented.

(h) Reproduction of exhibits. FRAP 30(e) shall govern the reproduction of exhibits.

(i) Material subject to a protective order. (1) Two segments of appendices; number of copies. If a party deems it necessary to include material subject to a protective order in an appendix, the appendix shall be filed in two segments.

a. Confidential segment; labelling; number of copies. One appendix segment shall be labelled "confidential" on the cover and five copies shall be filed with the court. In addition, each page of a "confidential" segment containing confidential material shall bear a legend to the effect that the page contains material subject to a protective order.

b. Non-confidential segment; labelling; number of copies. The second appendix segment shall be labelled "non-confidential" on the cover and twelve copies shall be filed with the court. In addition, each page of the "nonconfidential" segment from which material subject to a protective order has been deleted shall bear a legend so stating.

(2) Service; number of copies. Each party to the appeal shall be served with two copies of the non-confidential segment of the appendix and, when permitted by the applicable protective order, with two copies of the confidential segment.

(3) Non-availability to the public. Confidential segments of appendices filed with the court shall be available only to authorized court personnel and shall not be made available to the public.

(4) Costs. The costs of preparing separate segments of appendices may be assessed as provided in FRAP 30(b).

(j) Hearing of appeals on the original record without the necessity of an appendix. Pursuant

to FRAP 30(f), the court, upon motion or sua sponte, may dispense with the requirement of an appendix and permit appeals to be heard on the original record, with such copies of the record, or relevant parts thereof, as the court may require.

Rule 13. Briefs

(a) General. Except as otherwise provided in these rules, FRAP 28(a)–(i), 29, 31 and 32 shall govern briefs filed in this court.

(b) Length. Except by leave of court, principal briefs shall not exceed 50 pages and reply briefs shall not exceed 25 pages, exclusive of the table of contents, tables of citations, and pages devoted only to quotation of statutes, rules, and the like. The court looks with disfavor upon motions to file extended briefs and will grant them only for extraordinary reasons.

(c) Format. Every brief, whether reproduced by a commercial firm or otherwise, shall comply with FRAP 32, except that pages shall be 8% by 11 inches with type matter 6% by 9% inches. Briefs shall have a cover of durable quality on both front and back sides and be securely bound along the left hand margin to insure that the bound copy will not loosen or fall apart. Ring type bindings, plastic or metal, are not acceptable. Externally positioned staple ends must be covered with tape.

A brief produced by typewriter and photocopied shall contain a clear black image on white paper to permit easy reading, with double spacing between each line of text. Elite, or type similar thereto, shall not be considered 11 point type. The clerk may refuse to file any brief which has not been printed or bound in conformity with FRAP 32 and this rule.

(d) Number of copies. Except for briefs containing material subject to a protective order (see paragraph (g) of this rule), twelve copies of each brief shall be filed with the court and two copies shall be served on counsel for each party separately represented.

(e) Content. The order of content of briefs shall be in conformity with FRAP 28, except that a summary of the argument shall precede the argument, and an appellee's statement of the issues and the case shall be limited to statements of disagreement, if any, with the statements of appellant.

(f) Time for service and filing; service of certain reply briefs. The appellant shall serve and file its brief within 60 days after the date upon which the appeal is docketed in this court in accordance with Rule 11(b)(1)(2) of these rules. The appellee shall serve and file its brief within 40 days after service of the brief of the appellant. The appellant may serve and file a reply brief as provided in FRAP 31. A reply brief filed four business days or less prior to oral argument shall be served in such manner as to reach the addressee before the argument.

(g) Briefs containing material subject to a protective order.

(1) Two sets of briefs. If a party deems it necessary to refer in a brief to material covered by a protective order, two sets of briefs shall be filed.

Confidential set; labelling; number of copies. One set of briefs, consisting of five copies, shall be labelled "confidential" on the cover and be filed with the court. In addition, each page containing confidential material shall bear a legend so indicating.

b. Non-confidential set; labelling; number of copies. The second set of briefs, consisting of twelve copies, shall be labelled "non-confidential" on the cover and be filed with the court. In addition, each page of the "non-confidential" set from which material subject to a protective order has been deleted shall bear a legend so stating.

(2) Service. Each party to the appeal shall be served two copies of the "non-confidential" brief, and, when permitted by the applicable protective order, two copies of the "confidential" brief.

(3) Non-availability to the public. The confidential set of briefs filed with the court shall be available only to authorized court personnel and shall not be made available to the public.

(h) Amicus curiae. Briefs of amici curiae shall be governed by FRAP 29, but shall not exceed 20 pages except by leave of court. An amicus may not file a reply brief except by leave of court granted only in extraordinary circumstances.

Rule 14. Visual Aids

(a) General. FRAP 34(g), as supplemented by the additional provisions of this rule, shall apply to the use of visual aids at oral argument.

(b) Used below. Use at oral argument of illustrative models, specimens, samples, charts, diagrams, and other visual aids used below, is encouraged.

(c) Not used below. When a visual aid was not part of the presentative below, its proposed use shall be brought to the attention of opposing counsel not less than 15 days before the date of hearing. Objections, if any, shall be in writing, served on all adverse parties and filed not less than 5 days prior to the hearing date. This rule shall neither preclude agreement of counsel on the use of visual aids nor preclude use of a chalkboard or equivalent during oral argument. (d) Disposition. The clerk may dispose of visual aids left in his custody more than 90 days after the appeal is decided.

Rule 15. Oral Argument

(a) General. FRAP 34, as supplemented by the additional provisions of this rule, shall apply to oral argument. The provisions of FRAP 34(a) respecting unanimity of the panel in dispensing with oral argument, opportunity to submit a statement supporting oral argument, and the criteria to be employed in determining whether oral argument is needed, are adopted and made part of this rule.

(b) Time allowed. The time allowed each side for oral argument shall be determined by the court. Counsel will be advised by the clerk of the time allotted by the court. A party is not obliged to use all of the time allowed, and the court may terminate the argument whenever in its judgment further argument is unnecessary.

(c) Amicus curiae. Except as provided in Rule 9(1) of these rules, a motion of an amicus curiae to participate in oral argument will be granted only for extraordinary reasons.

(d) In camera hearing. As reflected in Rule 11(d)(2), the court may sit in camera.

Rule 16. Citation of Additional Authorities

When a pertinent and significant authority comes to the attention of a party after its brief has been filed, or after oral argument but before decision, the party may, without special leave of court, file with the clerk an original and five copies of a letter addressed to the court citing the additional authority, with service upon opposing counsel. The letter shall refer either to a page of the brief or to a point raised at oral argument and shall state in a single sentence the proposition the authority supports. It shall contain no other argument or explanation. A copy of the authority cited, if not yet published, shall accompany each copy of the letter. Any response shall be made within seven days of receipt of service by opposing counsel, shall be limited to a short statement of why the authority is considered inapplicable, and shall be served upon counsel who filed the additional authority.

Rule 17. Fees

(a) Schedule of fees. Except as expressly provided in these rules, the fees to be charged by the clerk of this court shall be the fees prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. § 1913. No fees are to be charged for services rendered on behalf of the United States. The fees are as follows:

(1) For docketing a case on appeal or petition for review, or docketing any other proceeding,....... A separate fee shall be paid by each party filing a notice of appeal or petition for review, but parties filing a joint notice of appeal or petition for review are required to pay only one fee. The docketing fee shall not be charged for the docketing of an application for the allowance of an interlocutory appeal under 28 U.S.C. § 1292(d) unless the appeal is allowed.

The docketing fee will be paid to the clerk of the trial court on the filing of the notice of appeal in that court. The docketing fee will be paid to the clerk of this court on the docketing of any other proceedings, including an appeal or petition for review from the Patent and Trademark Office or from an administrative agency.

(2) For every search of the records of the court and certifying the results thereof,...........

$65.00

2.00

(3) For certifying any document or paper, other than a certificate of admission to the Bar, whether the certification is made directly on the document or by separate instrument,

(4) For reproducing any record or paper (per page),........

(5) For comparing with the original record thereof any copy of a transcript of record, entry, record or paper, submitted for certification, per page or fraction thereof. This fee is in addition to the fee for a certificate of good standing,.....

(6) For reproduction of the record in any appeal in which the requirement of an appendix is dispensed with by the court pursuant to FRAP 30(f), a flat fee of,.

...........

(7) For each copy of an opinion, including any separate and dissenting opinions, regardless of whether the copy is certified,

$2.00

.50

2.00

25.00

2.00

but no charge shall be assessed for: (i) A copy of the opinion furnished to each party of record in the case, and

(ii) Copies of opinions furnished persons and organizations whose names are included on a public interest list established by order of the court.

(b) Fees to be paid in advance. The clerk shall not be required to docket any proceeding or perform any other service until all fees due the clerk have been paid, except at the direction of a judge of this court or where a party has been granted leave to proceed without prepayment of fees.

(c) Dismissal of appeal for failure to pay docketing fee. If a proceeding is docketed without prepayment of the docketing fee, the appellant shall pay the fee within 14 days after docketing. If the appellant fails to do so, the clerk is authorized to dismiss the appeal.

TITLE IV-DISPOSITION OF CAUSES Rule 18. Opinions and Orders of the Court

(a) Opinions. All decisions, and opinions accompanying decisions, of this court shall be provided to the parties, shall be public records of the court, and shall be accessible to the public. Disposition of appeals shall be with a published opinion or an unpublished opinion. Opinions which do not add significantly or usefully to the body of law or would not have precedential value will not be published in commercial reports of decisions. Opinions designated as unpublished shall not be employed as precedent by this court, nor may they be cited by counsel as precedent, except in support of a claim of res judicata, collateral estoppel, or law of the case. A party may, on motion, request that an unpublished opinion be reissued as a published opinion, citing reasons therefor. Such motion will be granted or denied by the panel that rendered the decision.

(b) Orders. The action of the court in granting or denying motions, petitions, and similar actions, shall be reflected in an order of the court.

Rule 19. Petitions for Rehearing and Suggestions for Hearing and Rehearing In Banc

(a) General. FRAP 35 and 40, as supplemented by the additional provisions of this rule, shall apply to petitions for rehearing and to suggestions for hearing or rehearing in banc.

(b) Content of suggestion of hearing or rehearing in banc. A suggestion that an appeal be heard in banc shall consist of a concise statement which complies with FRAP 35(a). A suggestion that an appeal be reheard in banc shall consist of a single concise sentence at the beginning of the petition for rehearing which complies with FRAP 35(a). If a suggestion for rehearing in banc alleges that the decision of the panel is in conflict with a decision of the United States Supreme Court, this court, or another court of appeals, that decision shall be identified.

(c) Suggestion for hearing in banc; format; number of copies. A suggestion for hearing in banc shall comply with FRAP 32(b), except that it shall be 8% by 11 inches with type matter 6 by 91⁄2 inches. Three copies of a suggestion for hearing in banc shall be filed with the court and one copy shall be served upon each party.

(d) Petitions for rehearing and suggestions for rehearing in banc; format; number of copies. Petitions for rehearing by the panel and suggestions for rehearing in banc shall be in the format for briefs set forth in FRAP 32 as supplemented by Rule 13(c) of these rules. The cover of the petition shall be yellow and the cover of the answer, if one is required by the court, shall be brown. Twelve copies of a petition shall be filed, except that fifteen copies of a petition shall be filed if the petitioner suggests rehearing in banc.

Rule 20. Attorney Fees and Expenses

(a) Time for filing; responses. Pursuant to the Equal Access to Justice Act, Pub. L. 96-481, 94 Stat. 2325 (1980), the court may award attorney fees and expenses. Applications and petitions for leave to appeal denials of applications must be filed within 30 days after the date of the decision involved. No response shall be filed to applications or petitions unless directed by the court, but no application will be granted without an opportunity to submit a response.

(b) Content of application. Each application for attorney fees and expenses shall contain a citation to the statutory provision which authorizes an award, and shall indicate the manner in which the statutory prerequisites for an award have been fulfilled. In addition, each application shall contain a statement, under oath, which specifies:

(1) the nature of each service rendered; (ii) the amount of time expended in rendering each type of service; and,