Appeal 2007-0263
Application 09/971,946
First, Appellant has included a proposed amendment to the claims
with the Appeal Brief, filed April 25, 2006, which has not been addressed or
entered by the Examiner. The Appendix to the Appeal Brief was filed with
the amendment to the claims, which is not presently entered. Therefore, the
Brief is non-compliant and a new Brief is required.
Second, the Brief is non-compliant with respect to the Summary of the
Claimed Invention. MPEP 1205.02 (Eighth Edition, August 2001; Fourth
Revision October 2005) sets forth the requirements for the contents of the
Brief. Specifically, the Summary of the Claimed invention is as follows:
(v) Summary of claimed subject matter. A concise explanation
of the subject matter defined in each of the independent claims
involved in the appeal, which shall refer to the specification by page
and line number, and to the drawing, if any, by reference characters.
[While reference to page and line number of the specification requires
somewhat more detail than simply summarizing the invention, it is
considered important to enable the Board to more quickly determine
where the claimed subject matter is described in the application.] For
each independent claim involved in the appeal and for each dependent
claim argued separately under the provisions of [37 CFR
§ 41.37](c)(1)(vii) …, every means plus function and step plus
function as permitted by 35 U.S.C. 112, sixth paragraph, must be
identified and the structure, material, or acts described in the
specification as corresponding to each claimed function must be set
forth with reference to the specification by page and line number, and
to the drawing, if any, by reference characters. See 37 CFR
§ 41.37(c)(1)(v)
If appellant does not provide a summary of the claimed subject
matter as required by 37 CFR 41.37(c)(1)(v), the Office will notify
appellant of the defect in the brief and give appellant a time period
within which to file an amended brief. See 37 CFR § 41.37(d).
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