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   Definition of term in Appeal Brief
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   Author  Topic: Definition of term in Appeal Brief  (Read 809 times)
bluesky
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Definition of term in Appeal Brief
« on: Dec 16th, 2007, 11:20am »
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Quick ? given the following circumstances:
 
A dictionary definition for a term was arguably defined for the first time on appeal of a 35 USC 112, second rejection in an Appeal Brief.  The reason for this is mainly that the 112 rejection of the term first appeared in the Final Office Action and the Examiner would not enter the 1.116 reply (which deleted the term from the claim and proposed a new term).  In response to the Appeal Brief, the USPTO sent a Non-Compliant Appeal Brief notice saying the definition was new evidence.  Has anyone ever had this happen?  Is there any precedent/basis for asserting that it is not new evidence?
« Last Edit: Dec 16th, 2007, 12:16pm by bluesky » IP Logged
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