What is an acceptable source for case law citations in an Appeal Brief at the USPTO?

The correct answer is based on the guidelines set forth in USPTO practices regarding citation sources in an Appeal Brief. Specifically, decisions from the United States Reports and the West Reporter system are authoritative and widely recognized sources of case law. These sources provide comprehensive coverage of federal case law that is essential for supporting legal arguments in patent appeals.

The United States Reports consists of the official reports of the decisions of the Supreme Court of the United States, making it a primary source of federal law. Similarly, the West Reporter system provides a wide range of federal and state case law through its various series, which are formatted and organized for easy access and reference.

In contrast, while the Federal Reporter system, which is a component of the West Reporter system, is indeed a reputable source, it is not the sole source accepted for citations in an Appeal Brief. Also, case law from state court reporters typically does not provide relevant federal law precedent that is applicable to patent cases, which are primarily governed by federal statutes and regulations. Lastly, relying on unpublished case law can be problematic because it may lack the precedential value that published decisions hold, and the USPTO prefers established, published opinions for citation to ensure reliability and accuracy.