Appeal 2007-0989
Application 10/359,809
does not indicate to which of the sixty-one claims each of the disclosures
corresponds. After stating the aforementioned basis for rejecting claim 1-61,
moreover, his explanation thereof omits claim numbers.
"We decline to substitute speculation as to the rejection for the greater
certainty [that] should come from the [Examiner] in a more definite
[explanation] of the grounds of rejection[]." Gambogi, 62 USPQ2d at 1212.
More specifically, the Examiner should treat the sixty-one claims by
number. Furthermore, he should map each of the disclosures on which he
relies to the specific claims numbers.
IV. SUMMARY OF CLAIMED SUBJECT MATTER
For "each of the independent claims involved in the appeal,"
37 C.F.R. § 41.37(c)(1)(v)(2005),2 an appeal brief's Summary of Claimed
Subject Matter "shall refer to the specification by page and line number, and
to the drawing[s], if any, by reference characters." Id. Such identification is
"considered important to enable the Board to more quickly determine where
the claimed subject matter is described in the application." M.P.E.P.
§ 1205.02.
Here, the Appellants admit that claim 1 is independent and "is drawn
to a method. . . ." (Br. 4.) Of the Appellants' four drawings, Figure 4
depicts the Appellants' method. To wit, the Figure "illustrates a logical flow
2 We cite to the version of the Code of Federal Regulations in effect at the
time of the Appeal Brief. The cited requirements likewise appear in the
latest version of the C.F.R.
3
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