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…
Read MoreCan new evidence be included in a patent appeal brief?
No, new evidence cannot be included in a patent appeal brief. MPEP 1205.02 clearly states: “37 CFR 41.37(c)(2) prohibits the inclusion in a brief of any new or non-admitted amendment, affidavit or other evidence.” If an appellant wishes to have new evidence considered, they must follow a different process: The appellant must seek review of…
Read MoreWhat 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…
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