What is the difference between appeal briefs for reissue and non-reissue applications?
The main difference between appeal briefs for reissue and non-reissue applications lies in the presentation of claims. MPEP 1454 states:
“There is, however, a difference in practice as to presentation of the copy of the claims in the appeal brief for a reissue application.”
In a reissue application appeal brief, you must show all changes made to the original patent claims using underlining for additions and bracketing for deletions. New claims should be fully underlined. This differs from non-reissue applications, where claims are typically presented without such markings. The requirements for the content and structure of the appeal brief, as outlined in 37 CFR 41.37 and MPEP § 1205, remain the same for both types of applications.
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