Appeal 2007-2995
Application 10/998,567
37 C.F.R. § 41.37 (2006) provides in pertinent part (emphasis added):
. . . .
(c)(1)(ix) Evidence appendix. An 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, along with a statement setting
forth where in the record that evidence was entered in
the record by the examiner. Reference to unentered
evidence is not permitted in the brief. See § 41.33 for
treatment of evidence submitted after appeal. This
appendix may also include copies of the evidence relied
upon by the examiner as to grounds of rejection to be
reviewed on appeal.
. . . .
(2) A brief shall not include any new or non-
admitted amendment, or any new or non-admitted
affidavit or other evidence. See § 1.116 of this title for
amendments, affidavits or other evidence filed after final
action but before or on the same date of filing an appeal
and § 41.33 for amendments, affidavits or other evidence
filed after the date of filing the appeal.
(d) 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.
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