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

In the context of an appeal to the Patent Trial and Appeal Board (PTAB), the presumption is that all claims under rejection are appealed unless they have been explicitly canceled. This principle ensures that the appeal process comprehensively addresses all rejections made by the patent examiner during the prosecution of the patent application.

When a patent applicant decides to appeal, they typically are focusing on the claims that have been rejected; if a claim is not canceled, it remains part of the appeal because the applicant is seeking to overturn the rejection on those claims. Thus, the appeal effectively includes all claims subject to examination by the examiner, reflecting the applicant's desire to contest all aspects of the rejection.

In contrast, the other options imply a narrower focus—such as limiting the appeal to claims with specific arguments, only independent claims, or claims that have been allowed—which do not align with the comprehensive nature of the appeal process. Thus, the correct understanding is that all claims under rejection are preserved for the appeal unless they are canceled, which is what makes that response accurate.