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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2274 - Appeal Brief,
Patent Law,
Patent Procedure