What is the ‘claims appendix’ in a patent appeal brief?
The ‘claims appendix’ is a required component of a patent appeal brief, as specified in MPEP 1205.02. According to the MPEP:
“An appendix containing a copy of the claims involved in the appeal.”
Key points about the claims appendix:
- It should contain a clean copy of the claims.
- The claims should not include any markings such as brackets or underlining, except for claims in a reissue application and a reexamination proceeding.
- The copy of the claims should be double-spaced.
- The appendix should start on a new page.
The purpose of the claims appendix is to provide a clear, unambiguous record of the claims under appeal. This helps ensure that all parties involved in the appeal process are referring to the same version of the claims.
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