What is the ‘claims appendix’ in a patent appeal brief?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The ‘claims appendix’ is a required component of a patent appeal brief, as specified in MPEP 1205.02. According to the MPEP:
“An appendix containing a copy of the claims involved in the appeal.”
Key points about the claims appendix:
- It should contain a clean copy of the claims.
- The claims should not include any markings such as brackets or underlining, except for claims in a reissue application and a reexamination proceeding.
- The copy of the claims should be double-spaced.
- The appendix should start on a new page.
The purpose of the claims appendix is to provide a clear, unambiguous record of the claims under appeal. This helps ensure that all parties involved in the appeal process are referring to the same version of the claims.