What is the difference between appeal briefs for reissue and non-reissue applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 main difference between appeal briefs for reissue and non-reissue applications lies in the presentation of claims. MPEP 1454 states: “There is, however, a difference in practice as to presentation of the copy of the claims in the appeal brief for a reissue application.” In a reissue application appeal brief, you must show all changes made to the original patent claims using underlining for additions and bracketing for deletions. New claims should be fully underlined. This differs from non-reissue applications, where claims are typically presented without such markings. The requirements for the content and structure of the appeal brief, as outlined in 37 CFR 41.37 and MPEP § 1205 , remain the same for both types of applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Presentation of Claims for Reissue Appeal Brief MPEP 1454 Content Requirements for Appeal Briefs MPEP 1205 Required Argument Requirements for Appeal Briefs MPEP 1205 Required Claims on Appeal Must Reflect Reissue Changes MPEP 1454 Recommended New Claims Must Be Underlined In Reissue Application MPEP 1454 Recommended Appeal Brief Must Follow Specific Rules for Reissue Applications MPEP 1454 Filing Appeal Brief Within Two Months MPEP 1205 Appellant Must File Appeal Brief Within Two Months MPEP 1205 Required Argument Requirement for Appeal Brief MPEP 1205 Required No New Evidence In Appeal Brief MPEP 1205 Prohibited Other Related FAQs 5 FAQs Collapse Where can I find the official requirements for appeal briefs in patent applications? What are the requirements for an appeal brief in a reissue application? How do I format new claims added in a reissue application for an appeal brief? How shou...