What should be included in an appellant brief for an inter partes reexamination?

An appellant brief for an inter partes reexamination must include several key elements as specified in 37 CFR 41.67(c)(1). The MPEP states:

“37 CFR 41.67(c)(1) requires that the appellant shall provide, in the appellant brief, the authorities and arguments on which the appellant will rely to maintain the appeal, a concise explanation of subject matter defined in each of the independent claims involved in the appeal which explanation must refer to the specification by column and line number (and to the drawing, if any, by reference characters), an evidence appendix, a related proceedings appendix, and a copy of the claims involved.”

Additionally, the brief should include:

• A clean copy of the claims involved in the appeal
• All necessary bracketing and underlining to reflect changes made to original patent claims
• Complete underlining for any new claims added in the reexamination

It’s crucial to review 37 CFR 41.67(c) carefully to ensure a complete appellant brief is provided.

To learn more:

• appellant brief
• inter partes reexamination
• brief requirements
• patent appeal