Can new amendments or evidence be included in an appellant brief?
No, new amendments or evidence cannot be included in an appellant brief for an inter partes reexamination. The MPEP clearly states: “Pursuant to 37 CFR 41.67(c)(2), the brief is not to include any (A) new or non-admitted (non-entered) amendment, or (B) new or non-admitted (non-entered) affidavit or other evidence.” If an examiner wishes to have…
Read More