MPEP 1454
Appeal Brief

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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1454    Appeal Brief [R-11.2013]

The requirements for an appeal brief are set forth in 37 CFR 41.37 and MPEP § 1205, and they apply to a reissue application in the same manner that they apply to a non-reissue application. There is, however, a difference in practice as to presentation of the copy of the claims in the appeal brief for a reissue application. The claims on appeal presented in an appeal brief for a reissue application should include all underlining and bracketing necessary to reflect the changes made to the patent claims during the prosecution of the reissue application. In addition, any new claims added in the reissue application should be completely underlined.