Can 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 More