[Patentpractice] Question about appeal brief

[David Boundy]

Only if the dependent claim has a 112(f) limitation.

On Sun, Mar 16, 2025 at 6:22 PM Patent Lawyer via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> In an appeal brief: if I separately argue a *dependent *claim, must I
> summarize that dependent claim in the “SUMMARY OF CLAIMED SUBJECT MATTER”?
>
> Or does 37 CFR 41.37(c)(1)(iii
> <https://www.ecfr.gov/current/title-37/part-41/section-41.37#p-41.37(c)(1)(iii)>)
> [reproduced below] only require summary of the dependent claims that use
> MPF or Step-plus-function language?
>
>
> *Summary of claimed subject matter.* A concise explanation of the subject
> matter defined in each of the rejected independent claims, which shall
> refer to the specification in the Record by page and line number or by
> paragraph number, and to the drawing, if any, by reference characters. For
> each rejected independent claim, and for each dependent claim argued
> separately under the provisions of paragraph (c)(1)(iv)
> <https://www.ecfr.gov/current/title-37/section-41.37#p-41.37(c)(1)(iv)> of
> this section, if the claim contains a means plus function or step plus
> function recitation as permitted by 35 U.S.C. 112(f)
> <https://www.govinfo.gov/link/uscode/35/112>, then the concise
> explanation must identify the structure, material, or acts described in the
> specification in the Record as corresponding to each claimed function with
> reference to the specification in the Record by page and line number or by
> paragraph number, and to the drawing, if any, by reference characters.
>
>
>
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