MPEP Q & A 11: Items Required in an Appeal Brief

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Question:

List two items which are required in an appeal brief.

Answer:

The specific items required in an appeal brief are:

  • (i) Real party in interest.
  • (ii) Related appeals, interferences, and trials.
  • (iii) Summary of claimed subject matter.
  • (iv) Argument.
  • (v) Claims appendix.

Chapter Details:

The answer to this question can be found in chapter 1200 of the MPEP. This chapter covers Appeals.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1205.02 of the MPEP.  The following is a brief summary of section 1205.02.

1205.02 Appeal  Brief Content

The arguments in an appeal brief must be responsive to every ground of rejection stated by the Examiner along with explanation of why the examiner erred in the ground of rejection. This section further covers the content required in an appeal brief. The specific items required include the real party of interest, related appeals, interferences, and trials, a summary of claimed subject matter, an argument, and a claims appendix. Each of these required items is discussed in detail.

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