Appeal No. 2006-1754
Application No. 10/046,940
ORDER TO APPELLANTS
37 CFR § 41.37(c)(1)(v) requires that a brief contain the following:
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. For each independent
claim involved in the appeal and for each dependent claim argued
separately under the provisions of paragraph (c)(1)(vii) of this section,
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.
The “Summary of claimed subject matter” in appellants’ Brief is deficient.
Moreover, the Summary is inconsistent with the remarks in the amendment filed
November 1, 2004 that purported to point out support in the disclosure for the material
added to the claims by the amendment. For example, the Brief (at 3) contends that
“creating data elements using data definitions” is disclosed at Figure 15 element 1575,
and specification page 38, line 15 through page 40, line 20. The amendment filed
November 1, 2004, however, contends (at 16) that “creating one or more data elements
using the data definitions” is disclosed at Figure 9 and specification page 27, line 5
through page 29, line 5.
The instant Brief’s general references to figures and specification sections do not
tell us what it is that appellants are claiming. With reference to claim 1 (reproduced
supra), the Summary does not clearly demonstrate what an “element” (in an “element
request”), a “qualifier value,” a “data definition,” and a “data element” may be, by
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Last modified: November 3, 2007