What are the key requirements for an appeal brief in ex parte reexamination?

An appeal brief in ex parte reexamination must meet several key requirements, as outlined in the MPEP:

  • A fee as set forth in 37 CFR 41.20(b)(2) is required.
  • The brief must include authorities and arguments on which the appellant will rely.
  • A summary of claimed subject matter, referring to the specification by page and line number, and to drawings by reference characters.
  • A copy of the claims involved.
  • Only one copy of the appeal brief is required.
  • In third-party requested reexaminations, a copy must be served on the third-party requester.

The brief should also indicate the art unit number and reexamination control number, and be fully responsive to every ground of rejection stated by the examiner.

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2274 - Appeal Brief, Patent Law, Patent Procedure
Tags: Appeal Brief, ex parte reexamination, patent law