How should claims be presented in an appeal brief for a reissue application?
In an appeal brief for a reissue application, the claims on appeal should be presented with special formatting. According to MPEP 1454: “The claims on appeal presented in an appeal brief for a reissue application should include all underlining and bracketing necessary to reflect the changes made to the patent claims during the prosecution of…
Read MoreWhat is the difference between appeal briefs for reissue and non-reissue applications?
The main difference between appeal briefs for reissue and non-reissue applications lies in the presentation of claims. MPEP 1454 states: “There is, however, a difference in practice as to presentation of the copy of the claims in the appeal brief for a reissue application.” In a reissue application appeal brief, you must show all changes…
Read MoreHow are claims presented in multiple reissue applications?
When multiple reissue applications are filed (such as divisional or continuation reissue applications), all claims of the original patent must be presented in each reissue application, but in different forms. The MPEP states: Pursuant to 37 CFR 1.177(b) all of the claims of the patent to be reissued must be presented in each reissue application…
Read MoreHow should claims be presented in a reissue application?
How should claims be presented in a reissue application? In a reissue application, claims must be presented in a specific manner according to MPEP 1453. The MPEP states: “All amendment changes must be made relative to the patent to be reissued. Pursuant to 37 CFR 1.173(b)(2), for each claim that is being amended, the entire…
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