Ex Parte Nelson et al

Board of Patent Appeals and Interferences

May 5, 2008

10116447 (B.P.A.I. May. 5, 2008)

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
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