What is the ‘summary of claimed subject matter’ in a patent appeal brief?
The ‘summary of claimed subject matter’ is a required component of a patent appeal brief, as outlined in MPEP 1205.02. According to the MPEP, it should include:
“A concise explanation of the subject matter defined in each of the rejected independent claims, which shall refer to the specification in the Record by page and line number or by paragraph number, and to the drawing, if any, by reference characters.”
Key points about this summary:
- It should be provided for each rejected independent claim.
- For dependent claims argued separately, a similar explanation should be provided.
- If the claim contains a means plus function or step plus function recitation (35 U.S.C. 112(f)), the summary must identify the corresponding structure, material, or acts described in the specification.
- References should be to the specification in the Record, not to the patent application publication.
This summary helps the Board understand the claimed invention in the context of the specification, facilitating a more efficient review process.
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