What is the ‘claims appendix’ in a patent appeal brief?

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.

To learn more:

Tags: 37 cfr 41.37, appeal brief content, claims appendix, mpep 1205.02, patent appeal