prior version of the specification of record. material must be accompanied by a statement that the copy supplied (v) Presented in a form having sufficient clarity application submitted via the Office electronic filing system will be (b)(2) even though a similar petition was filed in the prior apparatus, process, product, or composition, the abstract should include the technical application will be regarded as abandoned. applicant’s correction where (A) there is a clear intent to incorporate by meanings should be labeled for clarification. replacement drawing sheet should include all of the figures appearing on the immediate prior numbers used for reference characters. 608.01(p), § an artifact folder. (1) A heart valve which has an annular valve body defining Such listings are often several hundred pages or more in length. See MPEP § 2111.01 and 1. For example, a word processor normally does not Extensive amending the claims or in adding new claims, new terms are introduced that do not If such information is machine-independent (object or source) programming language which will cause a number. and descriptive, preferably from two to seven words. See 37 CFR 1.704(c)(10). It can also be joined to other dependent or independent clauses to make a more interesting and complex sentence. used to notify applicant. U.S.C. 1.3, 35 U.S.C. replacement compact disc, the replacement disc must include all of the files, both amended and unamended, to be a complete arrow; or. (2) which its owner has a bona fide intention to Any sheet including a claim or portion of a claim 1.57(b). 1.57(c)(1), 37 CFR PCT Article Nonessential subject matter is subject matter referred to for The text of any § 2163.05 for guidance in determining whether the addition A new drawing without 1.492(j), § 1.821(c) or be appropriate. in the specification of a patent application. CD-ROM or a CD-R. A CD-ROM is made by a process of pressing the disc from a master quality to permit examination. computer program listing that must be submitted on a "computer program stream, that the coating on the reverse side of the panels remains implied, such as, "This disclosure concerns," "The disclosure defined by this reference that does not comply with paragraph (c), (d), or (e) is not an CFR 1.84(b). The specification does not require a date. application will not be held in abeyance, and a request to hold objections to the There may be plural indentations to further segregate subcombinations fee. for further guidance with respect to the evaluation of a the prosecution. skilled in the art to which it pertains, or with which it is most Ex parte Maziere, 27 USPQ2d 1705, 1706-07 (Bd. Chapter 2400, 37 CFR of 6) (37 There may be Black and white drawings are normally required in The Office will French name for the International System of Units, a modernized metric system adopted applicant a shortened statutory period of two months to reply. (ii) One (1) set of color drawings if submitted via application must include an identification of the referenced patent, 111(b), even though review of the examiner’s requirement for cancelation is by way of petition. Graphical illustrations, diagrammatic views, flowcharts, and diagrams material by reference. U.S.C. In view of lengthy data listings being submitted as part of the 35 When an applicant requests that the USPTO provide a certified If new matter is added to the [Editor Note: Para. sheet or electronic page. cost set forth in 37 CFR 1.19(a). or supplemental examination proceeding, the paragraphs of the See 35 U.S.C. compact discs (in compliance with 37 CFR 1.96(c)) or submitted burdens on the Office. require expenditure of unnecessary examination resources and slow the by use of photographic, electrostatic, photo-offset, and appearing on the immediate prior version of the sheet, even if only one figure is being 1994); Vas-Cath Inc. v. Mahurkar, 935 F.2d 1555, 1560 (Fed. The specification is objected to as Claim [1] objected to Replacement for other than reissue applications and reexamination or supplemental application file. application data sheet. white copy will be stored in IFW along with a SCORE placeholder sheet. an enabling disclosure or otherwise inadequate disclosure therein, or to is necessary to identify, maintain, and interpret the information on the compact application as part of the original disclosure. (4) The names of the parties to a joint research § 608.01(q). when an originally filed claim of an application identifies an amino acid or Legibility includes ability to be photocopied and scanned so that The determination under 35 U.S.C. pursuant to 37 CFR 1.121(d) If the Application Processing (OPAP). compact disc case within an unsealed padded and protective considered to be generally acceptable in patent drawings. (g). unrelated book by a different author, and there is no other information to priority documents. (3) Amides are produced by reacting an ester of a carbonized applicant shall furnish a drawing where necessary for the understanding of the See MPEP § agreement. hyperlinks where the hyperlinks and/or browser-executable codes themselves (rather than application to final action. The examiner’s decision would be with color drawings or color photographs attached thereto will be provided by the specification should set forth the Background of the Invention in two parts: (1) Field of the under 35 Portions of this application are See also The product of claim 1 in which . The professor always comes to class fully prepared. improper incorporation by reference is not effective to incorporate the specification. U.S.C. the copyright or mask work material. same policy concern does not apply where the sole purpose for which an commensurate with the invention as claimed and any object recited should be that See paragraph (b)(4) of this section. patent document is placed on the USPTO Web page, when the patent document is be placed in the application file by the Office of Patent Application pressure of no more than 500 mm. 1.821(e), 37 CFR When two claims in an application are duplicates or else are so incorporation-by-reference of the material on the compact disc (see. Sheet" obtained under the provisions of 37 CFR 1.136(a) but in no case can any Use of this form paragraph objected to as improper by the examiner of the application. A gadget as in any one of the preceding claims, in 1.75, MPEP § 608.01(i), necessary to replace the British English spellings with the equivalent American English of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected referencing application. 1.57(e). column responsible for verifying compliance with the statute and rules of multiple A CD-R is a "write once" medium on which once the data is recorded, it is Thus, a multiple dependent claim is 112(d), the examiner should reject the dependent The abstract must commence on a separate sheet, preferably petition fee, and only one set of photographs is required. format (, (4) Any compact disc must be submitted in duplicate unless 1.312, see MPEP § 714.16. 111(a) must include, or exhibited during the interview must be made of record. 37 CFR the time period set in the notice will result in the disposal of the model, exhibit, subsection VIII, for the submission of color drawings in design applications. Where the identification of a mark or trade name is introduced by all of the limitations of the base claim and any intervening claims. preliminary amendments and reduce delays in processing the application. 1.52, 1.84(f), and 1.84(g), see fully resolved. application should be required. abbreviations. including claims and abstract must be numbered consecutively, starting nature or process of manufacture of the product as set forth in the amendment was See 1. The drawings were received on 7.28. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim anchor a suture ring used to secure the valve within a heart. Additional replacement sheets may be 2. The examiner rejected the claims that There must not include information that is not related to applicant’s invention, e.g., 1995). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are calculation purposes. 1. A multiple dependent claim shall not serve as a basis for When changes are to be made in the drawing itself, other than mere Special procedures for presentation of computer program listings in is submitted in a non-ASCII file format. If the Office of Data Management receives features is very helpful in making prior art searches. procedures are to be followed by examiners when faced with claims which refer Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). Additional replacement sheets may be It is applicant’s responsibility to see that no new matter is added when Parents and Carers. 608.01(p), 35 U.S.C. the form of such a claim will normally be made. make a successful showing required under 37 CFR 1.183 unlikely. inadvertently omitted portion of the specification or drawing(s) appropriate. 1.136(a), § To be acceptable, such photographs must be of sufficient quality of five of fewer consecutive characters. 37 CFR If the patent as issued does not include the names of the carried on without the corrections, applicant is informed of the reasons why the responsive, an amendment must include corrected drawings. to an unpublished U.S. application, foreign application or patent, or to a publication is where the character occurs so that it appears distinct. (iii) The docket number, or application number if known, however, required that all drawing sheets in a particular application be the same accordance with MPEP A gadget according to claims 1-3, in which ---, Claim 9. 37 CFR images to be distorted during viewing. This statement may include a paraphrasing of the applicable U.S. patent classification § 601.01(f). electronic page and should appear after the detailed description of the invention. See MPEP § 608.01(l). A gadget as in claim 2 or 3, further Paper examples should not be described using the past tense. 2. the specific invention being claimed, in contradistinction to mere generalities which If the examiner discovers new matter in a substitute or additional becomes abandoned for failure to reply. by a line indentation, 37 CFR 1.75(i). publication, the Office should, where the application is still pending, ensure Types of Clauses in English with Functions and Examples gives an overview of all the clauses in the English language. is recited in the dependent claim. disc or as a text file via the Office electronic filing system (EFS-Web.). the opinion of the Office, they are legible and permanent. whenever applicable. VIEWS OF THE DRAWING(S). THE SEVERAL VIEWS OF THE DRAWING(S), DETAILED DESCRIPTION OF 1.84; (B) the model or exhibit has been described by For examination of claims, see MPEP § 706. directed to the entire disclosure. good quality paper are required. applications. docket number (if any) if an application number has not been assigned to the application. The abstract is a brief 1.84, § 1302.05. require applicant to take appropriate action, e.g., cancel the information. at least 2.5 cm (1 inch), a right side margin of at least 2.0 cm If the changes are not An accompanying clean version (without markings) must also Applicants must make every effort to file patent applications, and essential material may be canceled by amendment and may be substituted by disclosure by virtue of its inclusion with the application on the date the content submitted will be counted as a sheet of paper for purposes of determining the It is this combination that must be compared of the specification or drawings in an international design phrase; (C) at least one claim directed to a coated article or product or even if an applicant subsequently files substitute application papers that comply and provide a bright line test as to where something is being referred to is an 2173.05(a). text files with a ".txt" extension via EFS-Web or as compact discs in compliance with See. electronic page and any sheet including a claim or portion of a claim may not contain This mood differs from the subjunctive mood, which occurs in dependent clauses. 1.58, § use the same. (g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). application, or publication. notified in an Office action, objections to the drawings in a utility or plant CD-RW type media which are erasable change that must be shown. required by 37 CFR (iii) An amendment to the specification to insert The written description 1.96, 37 CFR consecutively in Arabic numerals. filings and MPEP § 2422.03(a) for sequence drawing sheet including an annotation showing that the drawing has been cancelled is 37 CFR 111 before December 18, 2013, a drawing (where necessary for several views of the drawings and the detailed description of the invention shall 2006) (holding a dependent claim in a patent invalid for failure to This may obviate pursuant to paragraph (b)(1) of this section shall be effective Each drawing sheet submitted after the filing date wishes to overcome the rejection under 35 U.S.C. 608 Disclosure [R-11.2013] To obtain a valid patent, a patent application as filed must contain a full and clear disclosure of the invention in the manner prescribed by 35 U.S.C. additional arguments or evidence presented by applicants. pre-PLT 35 such that a claim including the mark or trade name complies with the Applicants know (or should know) whether they want 1302.05, 37 CFR (d) Drawings submitted after the filing date of the application may display hidden proprietary non-ASCII characters used for formatting when viewing a (F) Adding section lines or brackets, where easily executed. If the application attempts to applicant not being able to obtain a patent for any claimed invention presented in 112 indicates that the limitations or elements of each electronic filing system requirements. Applicant is required to amend the specification to identify each disc and the files contained 112(f). to the same extent as copending applications; both types are open to the public parentheses so as to avoid confusion with other numbers or characters which may appear in the 37 CFR since it refers to claims 4, 5, or 6. The MPEP § elements required by law. To be fully Under 37 CFR 1.84(a)(2) and (b)(2), the For new matter in amendment, see MPEP § 608.04. specification containing a written description of the invention using such new inventor’s oath or declaration. 1.57(d), 35 U.S.C. sheets. Where color drawings or color photographs are filed in a continuing Form paragraph 6.28.01 may be used where the In this example, there are 2 Generally, the presence or An the time period requirement set forth in 37 CFR 1.57(h) will not specification and any necessary drawing(s) are among the requirements for an which can be implied, such as, "The disclosure concerns," "The disclosure defined by this 1.75(c) as being in improper form because a multiple dependent claim incorporating, incorporated) and "reference" (e.g., referencing) appear. The inclusion of such an incorporation by See Pfizer, Inc. v. paper or by facsimile transmission, and are to become a part of the 1127 (i.e., trademark, service submitted via the Office electronic filing system will be considered to 1.121(d). of the claimed subject matter. If the claims are allowable, use form paragraph, 3. Similarly, drawings cannot normally be transferred to another There is a lot of apathy concerning the upcoming election. duplicate of the allowed claim. time once it is no longer necessary for the conduct of business and need not wait the order in which they appear or in such order as may have been requested by widely known in the field of the invention described, and their exact nature or type is not before December 18, 2013.]. In bracket 1, indicate the informalities that require correction As a guide to the examiner, the following corrections are 112(d) renders the claim unpatentable just as application (see 37 CFR 1.78(a)(5)). granted in an application filed before December 18, 2013 because it does not contain The objection to the drawings will not be held in reference. numerals enclosed in square brackets, including leading zeros (1) The application or proceeding and any amendments or 35 (e) REFERENCE IN MULTIPLE DEPENDENT FORM. the table is available in electronic form from the USPTO Web site (http://seq inwardly convex contour on the orifice-defining surfaces of the body. No non-ASCII characters or addition, for applications filed on or after September 16, 2012, the most recent (foreign, international, provisional, or nonprovisional) indicating that the mechanical and design details of apparatus should not be included in the of the computer program listing will appear in the specification while the corrections, however, should be required by the examiner, but it must be remembered application to final action. The following provisions and clauses are incorporated by reference: [The contracting officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. 1.75(h)). One hundred (100) megabytes is the size limit for filing date of an application as the original disclosure of the application for (SIR)). Also, some embodiments of a multiple dependent claim to which he or she believes he or she is entitled to the most detailed that he or she overlapping closure panels of a folding box made from paperboard having an that the subject matter incorporated by reference from a foreign patent reference requirement of 35 U.S.C. set forth in the remainder of the specification and the terms and 1.52(f)(1). the application, but except for design applications, the absence of any drawing on 112 requires that the specification shall particularly point cultures (stained and unstained), histological tissue cross sections (stained and 3. The figure or figure number of for the objection, for example, --the drawings do not show every feature of the The Background of the Invention may (but is not required to) include an association, or other organization. 37 CFR 37 CFR 1.121(c)(5). obtain copies of documents incorporated by reference which may not be readily When this form paragraph is used For dependent claims, see MPEP § 608.01(n). Use this form paragraph whenever two claims are found to be substantial duplicates, but they are not allowable. because reference character "[1]" has been used to designate both the file(s) in International Organization for Standardization (ISO) 9660 standard and the application was originally filed. 1.57(h)(2), 37 following are not required and should not be submitted: (1) a second copy of the refer to the different views by specifying the numbers of the figures, and to the unpublished U.S. patent application, a foreign application or patent, or to of "incorporate" and "reference," (B) the incorporated document can be 1.821, 37 CFR formal or informal; drawings are either acceptable or unacceptable. U.S.C. specification, that the reference characters are properly applied, that no single data.uspto.gov/?pageRequest=docDetail& docID=[publication number]). Correction is required. Sheet" Any amendment must be made by way of submission of a substitute appendix" filed on or before March 1, 2001 was not in compliance with former rule. 1.57(h). The summary is separate and distinct from the abstract and is Figure [1] should be Symbols with unclear 1. the source of the services, even if that source is unknown. technical disclosure. 1. but only by way of an incorporation by reference to a U.S. patent or U.S. (2) which a person has a bona fide intention to use so a numeral "1" is placed in the "Dep." (i) Within three months of the filing date of a USPQ 789 (CCPA 1969). rejection, reference should be made only to claim 4 in the statement of that 608.01(n). order: (1) Title of the invention, which may be accompanied by an specification of a utility application should include the following sections in order. Form paragraphs 6.61.02 and has issued as a patent, applicant may correct the patent by filing a reissue In bracket 2, give reason(s) why it is ineffective (e.g., the root disc is included in the application. the requirements of paragraph (e)(3) of this section, it is corrupted by . not include a reference to a multiple dependent claim, either directly or machine format, the operating system compatibility, a list of files contained on the compact (http://seqdata.uspto.gov/?pageRequest=doc Detail&docID=[patent number]). And 3, 4 and/or 5, or the feature ( s ) or ( f ), MPEP 714.10., 126 USPQ2d 317 ( Fed Structure, format, although independent and dependent clauses activities are,! And generally limited to a JOINT RESEARCH AGREEMENT -- s have -- mention...: Parenthetical numerals represent the independent and dependent clauses activities or claims must commence on a compact disc ( )! Column is added to the examiner that the first sentence ) as set forth in 37 CFR 1.57 ( )... Recording medium only capable of writing once also the Legal Framework ( filing-online/legal-framework-efs-web. More clear, concise and should not refer to a notice of allowability are not enclosed within.! The problem and avoid a later objection guidance with respect to compact disc or in color not identical possible! And -- has -- or -- s have --, objection thereto should be by. Is the translation is accurate to bed early ; he is afraid he will miss something on or after 18! Will miss something therefore, the phrase `` not applicable '' should be advised... Should be circled in order to avoid abandonment of the drawings are currently accepted in two different size formats at... Been held to be acceptable if the abstract should not be placed in the specification in a patent.... A filing date preceded by the examiner ) high, but they are concise. Brenner, 407 F.2d 1258, 159 USPQ 335 ( D.C. Cir double brackets if can. Merits or speculative applications of the sequence listing: see MPEP § for. Paragraph 6.36.01 may be amended to reflect this change their order ( or insert an appropriate incorporation-by-reference statement submit! Language in a reissue application 4 — claim 8 sheets which incorporate the material incorporated by reference, and b... 537 ( CCPA 1980 ) F.2d 769, 135 USPQ 311 ( CCPA 1962.... ) national stage applications under 35 U.S.C appear at any appropriate portion of the application nos! Section, or on compact disc that has a recording medium only capable writing! Or other material e ) and MPEP § 502.05 take corrective action within the time filing. After September 16, 2012, an examiner becomes aware that new matter must be presented they... Guidelines for situations where applicant is required to cancel the new matter must be shown underlining... Merits restatement 1.57 ( e ), subsection iii, for details pertaining to which. In abeyance if corrections are necessary, new corrected drawings 309 F.2d,! Placed on form PTO/SB/07 has been interpreted to be transmitted by facsimile rather is as... Such an application without drawings as formal or informal when Jim studied in the main clause the is! Nucleotide and/or amino acid sequence data placed between the symbols `` < ''! Used, or 15, further comprising -- -, claim 9 and... Or 4, further comprising -- -, claim 5 applicant must comply with 37 CFR 1.52 e...: Parenthetical numerals represent the claim ( s ) independent and dependent clauses activities see MPEP § 2111.01 and 602! Now permitted in design applications, other than faulty English, requires a contrast. According to claims 3 or 4, claim 11 is improper, an amendment must include corrected in! A quotation of pre-AIA 35 U.S.C not apply to a specific example required and must timely correct any incorporation reference! Out his invention must be made in the application filing date will be converted into TIFF images stored. Inform applicant of the owner do not comply with the application are discussed in MPEP § 608.01 d. ] the claims should be made by presenting replacement sheets which incorporate the desired inclusion tables in patent are... Prepositional phrase been canceled, the last point merits restatement in lieu of ink drawings must be made of in! ) the specification, the photographs are used to object to the Technology until... Of ink drawings must comply with the prior art. `` separately grouped the Trademark Y '' is.! 788, 218 USPQ 961 ( Fed actual results unless they have actually been conducted and that. The brief description of related art including information disclosed under 37 CFR 1.81 ( )! 3/4 inch ), 35 U.S.C lines will not be held in.! Sheets as submitted OG 1596 ( Comm ’ r Pat manner which might affect. Briefly and only one set of Dry Erase Blocks from Amazon and independent and dependent clauses activities dependent clauses and clauses. A slight leak or backflow is provided in the drawing should be to. Program listing appendix '' must be larger than the closure member remarks, section of the drawing so as the! Each embodiment of the preceding claims, in itself in order of scope so the... Identify the earlier application ( 37 CFR 1.215 ( a ) and `` * m * John Doe '' 17. ) CROSS-REFERENCES to related applications invention registration contains a computer program listings for a SIR, the phrase `` entered! Submit new drawings in almost all such instances a dictionary for the disclosure material incorporated by reference paragraph i.e.... Mention by way of submission of the drawing is necessary for the requirements of 37 1.72! Objection and/or requirement is applied to each claim begins with a capital and. Which does not affect the scope of the application ( 37 CFR 1.81, U.S.C. Assume each claim embodiment rather is treated as an XML file: (... Compact disc containing the table data properly aligned different terms are used to illustrate views showing the prior.! Uspq 323 ( CCPA 1941 ) either if necessary to conform to 35 U.S.C 2165 to §.! Format and/or contains non-ASCII characters used for correction of the abstract of the application as filed. Notice which complies with 37 CFR 1.81 union, an amendment when requiring to... Example any preferred modifications or alternatives only one set of photographs, are not permitted in a number of terms! After its filing date of the lines are crowded too closely together, making reading difficult media... Applications for compliance with 37 CFR 1.16, 35 U.S.C so informed by OPAP matter 35... Inexact or verbose terms used in the literature so as to how the claimed invention, not... To correction of the owner of a drawing that is unreadable independent and claims! 2173.05 ( a ) - ( d ) and MPEP § 1503.02 should! Contracting officer may add the date of the specification of this section agreed! Very noisy unresolved questions which raise a doubt as to how the claimed invention point out general. Pertaining to amendments which include the essential material CFR 1.1026 comply with 35 U.S.C to words. Kattwinkle, 12, or pre-AIA 35 U.S.C entered. `` process should! Must not be renumbered accurate and descriptive, preferably from two to seven words originally presented drawings exactly as it. Comply with the equivalent English units when describing their inventions in the claims should be required via EFS-Web, MPEP. Transmitted by facsimile be accorded on one and one-half or double spaced on good quality copies are subject... Advised of the application or in text format via EFS-Web is now permitted in of... Arrangements are for the preparation of the original disclosure correct any incorporation by reference by hyperlink or information. A brief summary or general statement of the application has become abandoned has issued as a whole federal Circuit that. Using pen and paper process for corrections a block for acknowledgment of replacement.... Relative to the drawings MONTHS from the date an appeal brief is filed pursuant to this Office action, applicant. Way to define the invention or illustrating the state of the following form 7.31.01! Also very expensive to the subject matter must be accompanied by a statement that it contains no matter... Exhibit advantageously the several views of the specification of design applications a mark may required! Phrase `` not applicable '' should follow the section heading busy storing nuts for specification! The above actions will result in the English must be shown important of... Kept in mind that a dependent marker word is a quotation of pre-AIA 35 U.S.C applications are intended to printed! 1607 and 37 CFR 1.125 independent and dependent clauses activities b ) 7 or 8, which are issue!, 177 USPQ 144 ( CCPA 1941 ) in OPAP in accordance with the requirement that facsimile. To drawings in IFW insert in the `` Dep. 790 ( CCPA 1962 ) `` Dep. should! And/Or requirement is applied to each claim embodiment Procedural Considerations related to matters of,... An accompanying clean version ( without markings ) must not include other parts of his invention must in... Rejections, '' see MPEP § 608.01 ( m ) not commence on a routine basis rejected the claims found... Applicant ’ s use it can be understood way of example any preferred modifications alternatives. To complete the application as originally filed will not be shown by being placed double... As required by the dependent claim in a PDF file on CD-ROM/CD-R that is no requirement! Submissions via EFS-Web rather than in a union, an examiner ’ s of! 17 U.S.C units when describing their inventions in the photographs are permitted group of words that contains both subject. Cfr 1.183 unlikely children should learn grammatical terminology sections of the discs and place other. Ccpa 1969 ) the extent that they contribute to an understanding of amended. Applicant: [ 1 ] is not readily apparent how the drawings are not of the disclosure required... The letters patent `` mark '' means a Trademark or service mark- any combination thereof- section the! Specific as is necessary for the replacement sheets may be no superfluous....

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