Ex Parte Nelson et alDownload PDFBoard of Patent Appeals and InterferencesMay 5, 200810116447 (B.P.A.I. May. 5, 2008) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte DAVID B. NELSON, ROGER P. DURAND, and JULIAN WRAY WEST ____________ Appeal 2007-3534 Application 10/116,447 Technology Center 2100 ____________ Decided: May 5, 2008 ____________ Before LANCE LEONARD BARRY, HOWARD B. BLANKENSHIP, and STEPHEN C. SIU, Administrative Patent Judges. BARRY, Administrative Patent Judge. DECISION ON APPEAL I. STATEMENT OF THE CASE A Patent Examiner rejected claims 1-31. The Appellants appeal therefrom under 35 U.S.C. § 134(a). We have jurisdiction under 35 U.S.C. § 6(b). Appeal 2007-3534 Application 10/116,447 II. LAW When the Appellants filed their Appeal Brief, such a brief was required to 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." 37 C.F.R. § 41.37(c)(1)(v)(2006)(emphasis added).1 III. ANALYSIS Here, although the Appellant’s Summary of Claimed Subject Matter refers to pages and line numbers of their Specification (Appeal Br. 2-3), it does not refer to any of the Appellants' figures, let alone to any of the reference characters thereof. Because it enables the Board to more quickly determine where the claimed subject matter is described in a patent application, reference to such characters is always important. IV. ORDER We decline to substitute our speculation for the greater certainty that should come from the Appellants. More specifically, the Appellants must submit a substitute Summary of Claimed Subject Matter that maps the individual limitations of each of their independent claims and any of the dependent claims they argue separately to individual reference characters of their figures. 1 We cite to the version of the Code of Federal Regulations in effect when the Appellant filed his Supplemental Brief on Appeal. 2 Appeal 2007-3534 Application 10/116,447 Under 37 C.F.R. § 41.50(d), we give the Appellants a non-extendable time period of thirty days within which to respond to this order. Failure to comply with the order within that time may result in the sua sponte dismissal of his appeal. 37 C.F.R. § 41.50(d). No time for taking any action connected with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). ORDERED; 37 C.F.R. § 41.50(d) ce CHRIS A. CASEIRO VERRILL DANA, LLP ONE PORTLAND SQUARE PORTLAND ME 04112-0586 3 Copy with citationCopy as parenthetical citation