Can new evidence be submitted in an Appeal Brief?

In the context of submitting an Appeal Brief within the patent examination process, the established procedure mandates that only evidence and arguments that have already been presented during the examination are permissible. The rationale behind this restriction is to ensure a fair and orderly process during the appeals stage, allowing the appellate body to focus on the previously established record.

The purpose of the Appeal Brief is to address and clarify issues that have already been examined and to persuade the Patent Trial and Appeal Board based on the information that was available at the time of the original examination. Allowing new evidence could potentially disrupt the processes and create confusion regarding the review of the patent application.

Thus, submissions must be limited to previously presented materials to maintain the integrity of the examination and appeal process.