Tuesday, October 29, 2013

Redaction issue in Ex parte Maclean ; 37 CFR 41.6

from within Ex parte Maclean

After all, Appellants continue to regard the Declaration and its Appendices as having been redacted from the public record including the Appeal Brief. Accordingly, such redacted evidence that is no longer part of the Application file is not considered as part of the record evidence before us.

However, Appellants’ redaction position as to the Appeal Brief content is not consonant with the general public availability of Board records pursuant to 37 C.F.R. § 41.6 (a) (1) and (b)(2) and the apparently deliberate inclusion of a copy of the Declaration in an Appendix to the Appeal Brief (Br. 11, n. 1). Moreover, Appellants have not filed a formal petition in a separate Paper seeking redaction of the copy of the Declaration submitted with the Appeal Brief.


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