Appeal Brief -- Summary of the Claimed Subject Matter

[JimIvey]

BPAI is not answering the phone and I'm hoping to file today, so maybe someone here has some insight....

I must include "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. ... ."

I'm working from a published application and citing paragraph numbers.  Is that kosher?  Or do I have to go back to the original application and find the corresponding page and line number?

If the brief is complete and ready to go before I get an answer, I'll just do exactly that.  But it would be good to know for next time.

Thanks.

[Isaac]

Probably not kosher.  The publication is probaby not of record in your case.

[JimIvey]

Thanks, Isaac.  I'm pretty sure they have a copy of my published application lying around there somewhere....  ;-)  Gotta go touch some icons and jump through hoops....

Regards.

[patentsusa]

I've always referred to the originally filed application when drafting my appeal briefs.  I am pretty sure that is what they expect.  I have never received a rejection for doing that anyway.

[khazzah]

It's probably too late to be of use to you, but here goes:

Citing paragraphs will get your brief bounced, if not by the Examiner, then definitely by the BPAI. The rules explicitly say page and line number, and the PTO won't look the other way on this. 

[Robert K S]

Agreed.  Not that your brief won't be bounced a few times for other BS reasons.

Once you've gotten very good at filing rule-perfect briefs, they'll start making stuff up to bounce you, or provide an explanation that is incomprehensible.  I've never heard of an identically re-filed brief bounced yet.  It's a play for time.