In an appeal, which claims are presumed to be appealed?

In an appeal, all claims that have been rejected are presumed to be appealed unless they have been specifically canceled. This includes both independent and dependent claims that are part of the rejection. The rationale behind this is to ensure that the applicant is able to contest all aspects of the rejection during the appeal process.

When an applicant files an appeal after a rejection from the patent examiner, the presumption is that they wish to pursue all of their claims that have not been withdrawn or canceled. If the applicant only intended to appeal certain claims, they must clearly state this in their appeal brief. Therefore, option B accurately reflects the procedural norm wherein all rejected claims are considered in the appeal unless explicitly canceled by the applicant.

In contrast, specific arguments typically address how certain claims should be interpreted or why they should not be rejected. Just citing independent claims fails to encompass dependent claims, and claims that are allowed are not subject to appeal. This context underscores why all rejected claims are presumed to be part of the appeal.