Can an applicant appeal to the Federal Circuit under §141 without submitting new evidence?

In the context of appealing to the Federal Circuit under §141, the correct answer affirms that the appeal can proceed without the introduction of new evidence. This is because an appeal under this section is primarily based on the record already developed during the proceedings before the Patent Trial and Appeal Board (PTAB). The Federal Circuit focuses on reviewing the decision made by the PTAB based on the evidence and arguments already presented.

This nature of the appeal means that the Federal Circuit does not allow the introduction of new evidence; instead, it evaluates the case based on the existing record to determine if the PTAB's decision was correct. This mechanism provides a clear and straightforward pathway for appellants, who can rely on their previous submissions and does not necessitate the challenges and complexities associated with introducing new evidence at the appellate level.

Furthermore, this pathway for appeal ensures that the appellate court can examine legal arguments and findings made by the PTAB without the potential for new factors to complicate the case, thus maintaining a focus on how well the PTAB applied the law to the facts presented.

The other options imply restrictions or requirements that do not align with this process, reinforcing the understanding that the essence of an appeal under §141 lies in a review of the original filings