Monday, January 25, 2010

USPTO Issues Guidance Docs For Minimizing Non-Compliant Briefs

According to the USPTO, the top 8 reasons why briefs are considered non-compliant:

(1)  Missing or defective statement on related appeals and interferences
(2)  Missing/defective "Status of Claims" - status of all claims AND an identification of claims being appealed
(3)  Status of amendments - status of any amendment filed subsequent to the final rejection
(4)  Missing or incomplete "Summary of Claimed Subject Matter" (note: Appellant’s reference to a corresponding PreGrant Publication is not proper)
(5)  Missing or incomplete Claims Appendix
(6)  Untimely submission of affidavit(s) or evidence
(7)  Missing evidence appendix
(8)  Missing "Related Proceedings Appendix"

View the PTO guidelines page here.

-- Top Eight Reasons Appeal Briefs are Non-Compliant [PDF]
-- Checklist for Notice of Appeal Filed Under 37 CFR 41.31 [PDF]
-- Checklist for Appeal Brief Filed Under 37 CFR 41.37 [PDF]

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