Which type of amendments are allowed in an Appeal Brief?

The allowed amendment in an Appeal Brief pertains to canceling claims or rewriting a dependent claim into an independent claim. This action is particularly relevant in the context of a patent appeal because it allows the applicant to refine their claims and focus on the strongest aspects of their invention. The Board of Patent Appeals and Interferences typically permits such amendments to streamline the examination process and clarify the position of the applicant during the appeal.

When a claim is canceled, it is no longer part of the claims being considered, which can help eliminate confusion or strengthen the argument for the remaining claims. Similarly, rewriting dependent claims as independent claims can emphasize novel aspects of the invention, reflecting the applicant's arguments more effectively.

In contrast, adding new claims is generally not allowed in an Appeal Brief because the appeal process is focused on claims that have already been examined, and introducing new claims would complicate the process and require further examination. Changing the title of the application or amending the specification are also not permissible at this stage, as those actions go beyond the scope of what is acceptable in the appeal process. The focus remains on the claims as presented in previous submissions, ensuring that the examination and appeal process remains clear and efficient.