What are the requirements for an appeal brief in a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The requirements for an appeal brief in a reissue application are the same as those for a non-reissue application. MPEP 1454 states:
“The requirements for an appeal brief are set forth in 37 CFR 41.37 and MPEP § 1205, and they apply to a reissue application in the same manner that they apply to a non-reissue application.”
This means that you should follow the general appeal brief requirements outlined in MPEP § 1205 and 37 CFR 41.37. However, there is a specific difference in how claims should be presented, as discussed in the previous FAQ.