Top Ten Reasons Why Briefs Are Rejected

1. PROOF OF SERVICE

   A proof of service does not accompany the Appendix. (Fed. R. App. P. 25(d))

2. FONT SIZE OF FOOTNOTES

   Footnotes are not printed in the same size font as the text of the brief. (Fed. R. App. P. 32(a)(5) and Practice Note to Rule 32)

3. CERTIFICATE OF INTEREST

   The brief does not contain a certificate of interest. (Fed. Cir. R. 28(a)(1))

4. OFFICIAL CAPTION

   The cover of the brief does not follow the official caption provided by the Clerk. (Fed. R. App. P. 32(a)(2)(A-D) A copy of the official caption is included with the notice of docketing)

5. IMPERMISSIBLE ADDENDUM

   The brief contains an impermissible
addendum. Excluding the required addendum in the Appellant or Petitioner’s brief, an addendum attached to any other brief is acceptable if it contains only statutes, rules, regulations, etc. (Fed. R. App. P. 28(f))

6. CONFIDENTIAL MATERIAL DELETED

   The Table of Contents of any nonconfidential brief or appendix must describe the general nature of the confidential material that has been deleted. (Fed. Cir. R. 28(d)(1)(B) and 30(h)(1)(B); an example is in Practice Note 28)

7. JUDGMENT, ORDER, OR DECISION IN QUESTION

   The Appellant or Petitioner’s brief does not contain the judgment, order, or decision in question as an addendum placed within the brief. (Fed. Cir. R. 28(a)(12))

8. STATEMENT OF RELATED CASES

   The brief does not contain a statement of related cases. (Fed. Cir. R. 28(a)(4) and 47.5)

9. TABLE OF CONTENTS IN APPENDIX

   The appendix must begin with a table of contents identifying the page at which each part begins. (Fed. R. App. P. 30(d))

10. COMBINED BRIEF AND APPENDIX

    When the brief and appendix are combined, the cover must so indicate. Fed. Cir. R. 30(d)(1))