Appeal 2007-0989
Application 10/359,809
diagram in accordance with a method of th[eir] invention." (Specification
7.) Although the limitations of claim 1 presumably correspond in some way
to the steps of Figure 4, the Appellants’ Summary of Claimed Subject Matter
(Br. 3-5), omits reference to that Figure at all, let alone by its reference
characters.
We decline to speculate about where the subject matter of claim 1 is
shown in the drawings when such information should come from the
Appellants. More specifically, they should map each of the limitations of
this independent claim to the specific reference characters of Figure 4.
V. EVIDENCE
An Appeal Brief shall include "[a]n appendix containing copies of any
evidence submitted pursuant to '' 1.130, 1.131, or 1.132 of this title or of
any other evidence entered by the examiner and relied upon by appellant in
the appeal. . . ." 37 C.F.R. ' 41.37(c)(1)(ix).
Here, the Appellants rely on the following evidence in contesting the
Examiner's rejection:
• "Merriam-Webster online dictionary (http://www.m-w.com/
dictionary/selectively, visited March 21, 2006)" (Br. 11)
• "relevant entries at www.wikipedia.com. . . ." (Reply Br. 8)
The Appellants, however, provide no copies of the evidence. Likewise, the
Evidence Appendix of their Appeal Brief (Br. 36) omits mention thereof.
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