Appeal 2007-1236
Application 09/919,020
Appellants’ Brief summarizes the claimed subject matter without reading the
claim limitations on the pages and lines of the specification or on the
reference characters in the drawings. Although the “Additional Text from
the Specification in Support of the Claims” (Br. 4-13) provides a detailed
description of the subject matter depicted in the various figures, it fails to
explain how the claim limitations read on that subject matter. Appellants’
Brief is therefore not in compliance with 37 CFR § 41.37(c)(1)(v), which
requires that the Summary of the Claimed Subject Matter provide “[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." The
Brief must be in compliance prior to entry of a decision on the merits.
Accordingly, it is
ORDERED that the application is returned to the examiner to:
(1) send a notice of non-compliance of the Brief,
(2) evaluate the supplemental Brief for compliance with 37 CFR
§ 41.37, and
(3) take such further action as may be appropriate.
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Last modified: September 9, 2013