How do I format new claims added in a reissue application for an appeal brief?
When presenting new claims added in a reissue application as part of an appeal brief, you must format them in a specific way. According to MPEP 1454:
“any new claims added in the reissue application should be completely underlined.”
This means that any claim that was not present in the original patent, but was added during the reissue process, should be entirely underlined in the appeal brief. This formatting clearly distinguishes new claims from modified original claims and helps the examiner and the Patent Trial and Appeal Board (PTAB) quickly identify which claims are new to the reissue application.
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