Appeal 2007-2050
Application 10/422,542
If a brief is filed which does not comply with all the
requirements of paragraph (c) of this section, appellant
will be notified of the reasons for non-compliance and
given a time period within which to file an amended
brief. If appellant does not file an amended brief within
the set time period, or files an amended brief which does
not overcome all the reasons for non-compliance stated
in the notification, the appeal will stand dismissed.
The Examiner properly mailed a Notification of Non-Compliant Appeal
Brief to the Appellants on May 26, 2006, in which the Examiner noted the missing
Evidence Appendix and gave the Appellants an opportunity to file an amended
Appeal Brief to correct the error.1 The Appellants then filed an Amended Appeal
Brief on June 16, 2006, in which they retained the arguments referring to the
Richardson Declarations and evidence of long-felt need from the original Appeal
Brief (Amended Appeal Br. 11-14), and added a page entitled Evidence Appendix
and beneath the title the word “none” (Amended Appeal Br. 20). Thus, the
Appellants’ Amended Appeal Brief failed to correct the error in the original
Appeal Brief. To correct the error, the Appellants should have either: (1) attached
an Evidence Appendix including copies of the Richardson Declarations along with
a statement setting forth where in the record the declarations were entered in the
1 The Notification from the Examiner stated, “The brief does not contain copies of
the evidence submitted under 37 C.F.R. 1.130, 1.131, or 1.132 or of any other
evidence entered by the examiner and relied upon by appellant in the appeal,
along with a statement setting forth where in the record that evidence was entered
by the examiner, as an appendix thereto (37 CFR 41.37(c)(1)(Ix)). (Notification 1)
(emphasis in original.) The Examiner further explained that “[t]he Brief is missing
an Evidence appendix as required by 37 CFR 41.37(c)[(1)](ix).” (Notification 2)
(emphasis in original.)
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Last modified: September 9, 2013