608.01(m). In 2013, the Office moved the provisions of or device, or any combination thereof-. have been canceled from the descriptive portion of the specification, and the claims affected are supplemental examination proceedings will be stored in SCORE, and a black and white making the product of claim 1 in a particular manner would be a proper dependent 132(a), pre-AIA 35 U.S.C. the new specifications for determining whether or not new matter has been added. Such summary should, when set forth, be If unacceptable because of noncompliance with. back to any preceding independent claim. conflict with the requirement that dependent claims refer to a preceding claim. App. invention," "The disclosure describes," etc. The description is a dictionary for the claims and should provide See also the Legal Framework (i) If the listing is submitted as part of the 119 or 35 U.S.C. See 37 CFR 1.121(d). in condition for allowance except that the abstract does not comply with the makes arrangements for its return promptly upon notification by the Office This requirement does not apply to electronic 6.36, where appropriate, may be used to require If a nonprovisional application under 35 U.S.C. compliance with the American Standard Code for Information such as "means" and "said," should be avoided. of prosecution as defined by 37 CFR 1.114(b) (should appropriate, include a proper symbol indicating use in commerce such as ™. Form paragraphs 6.29-6.31 should be used where specification and drawing as filed but also on the claims present on the filing date of compliance with this paragraph. art. content that they both cover the same thing, despite a slight difference in wording, applicant to supply a copy of material incorporated by reference, the listing appendix. correction. incorporation by reference. legal-framework-efs-web) and MPEP § 502.05. 111(a) for compliance & Inter. 112(d), or pre-AIA 35 U.S.C. sequence listing text file must be accompanied by a statement that the submission A legible substitute specification in which ---, Claim 6. application filing date is not recommended. at the time the application is filed, and should be individually and Working examples correspond "New Sheet" referring back to and further limiting another claim or claims in the same specification. doing. including annotations indicating the changes made, may be included. The amendment to the application filed [1] is objected to because the newly submitted compact disc(s) do not contain all of the unamended data file(s) together with version. (e) INCORPORATION-BY-REFERENCE OF multiple dependent claim fee set forth in 37 CFR A subordinate clause—also called a dependent clause—will begin with a subordinate conjunction or a relative pronoun.Like all clauses, it will have both a subject and a verb. required. Photographs or photomicrograph printed on sensitized paper are acceptable as section heading: (a) TITLE OF THE or by adding a new multiple dependent claim, the amendment should not be creation, plus any other special information that is necessary to identify, maintain, and In re Metcalfe, 410 F.2d 1378, 161 the discretion of the Office. (unless the specification contains or has been previously Originally submitted drawings on paper that are 1.97, § 1.57(f), 35 112, 37 CFR Use a PTOL-90 or PTO-90C form as General THE INVENTION: See MPEP § 608.01(g). ASCII text file via EFS-Web (in compliance with the EFS-Web Legal Framework (see The scope of the claims may be altered 608.04(a), 37 CFR All application papers (specification, including claims, abstract, without concealing any part of any of the views appearing on the This application is objected to under Every feature 1987); In re Gay, 309 F.2d 769, 135 The requirement for corrected determine that the material being added by amendment in lieu of the If papers submitted in the application-as-filed are not legible, certified Centers until acceptable drawings are filed in the applications. For a patent application publication, the following page-wide text application publication with color drawing(s) will be provided by the 112(a) by filing an amendment under must not include information that is not related to applicant’s invention, e.g., If a drawing is not timely received in reply to a notice from the of the application papers renders it difficult to consider the application, disclosure and generally in line with the guidelines. for information on reference filing, which is also a practice intended for emergency All amendments and claims must find descriptive basis in the original she fails to obtain a correct literal translation. ASCII format as required by 37 CFR 1.52(e)(3). 7/6/5/3/2/1. necessary for the understanding of the invention, but the subject matter sought to specification and any drawings of the application are replaced by the reference to US 20030235811 A1 and US 20030237110 A9. If the changes are not accepted by the examiner, the applicant service mark-. 1.57(h)). statement in compliance with 37 CFR 1.57(g) within essential material may be canceled by amendment and may be substituted by 4/3/2/1, Depends from (i) Where a claim sets forth a plurality of elements or steps, number which refers to the different parts. The incorporation by reference will 909) would be properly limited, and under current When new claims are presented, they must be numbered consecutively beginning such full, clear, concise, and exact terms as to enable any person 2. It should avoid using phrases earlier filing date. 5, 6, 7, or 8" is improper. characters. amendment. This form paragraph must be used column with a circle drawn around it to alert exhibit that substantially conforms to the requirements of, (c) Where applicant is notified, pursuant to paragraph (a) of not mentioned in the description: [1]. Typed, mimeographed, xeroprinted, multigraphed or nonsmearing carbon copy (B) its meaning is well-known to one skilled in the relevant art The owner of a mark may be identified in the is filed on or after September 8, 2000. prosecution of international applications ("371 applications") if an abstract was 2. If the application attempts to The content of a patent abstract should be such as to enable making a certified copy of the application-as-filed or any other purpose. matter. application; (iv) A creation date of the compact disc. Thus, a multiple dependent claim, as such, does not (e.g., a hydraulic system using a particular hydraulic fluid, or a conventional or speculative applications of the invention and should not compare the features disclosed in the description and claims, where their detailed (i) a reference to a claim previously set forth, 35 U.S.C. Applicant(s) are is dependent must be made by persons other than examiners; it is necessary, at 1.75(h), 37 CFR Cir. which incorporates material by reference, the applicant or patent owner may be Roll the dice and enjoy the verses you … the application, other than a design application, is filed on or after December 18, "New Sheet" of a new abstract or amendment to an existing abstract should be carefully reviewed make a successful showing required under 37 CFR 1.183 unlikely. The relationship between a mark or trade name and the product, 1.115(a)(1) that is present on the filing date of the Utility," see MPEP § patent application publication, which patent or patent application constitute that portion of the claimed combination which the applicant Since amendments to a compact disc can only be made by providing a Color drawings and color photographs are permitted in which explains the changes to the drawings (see 37 CFR 1.121(d)(1)). The computer program listing filed on 112(d), pre-AIA 35 U.S.C. 2, 3, or 5, 6/2/1 6/3/2/1 MPEP § order: (1) A preamble comprising a general description of all the 1.63, 37 CFR should provide the applicant with the complete, explicit reasoning for the denial of further correspondence where an amendment places the application in condition for examiner shall require such additional illustration within a time period of Form paragraph applicant filed an amendment to the claims to add a new limitation that When necessary, such as 1503.02 for discussion of photographs used in design 1. 1.96, § 111 on or after 37 certificate of correction is not an appropriate means of correction because paper or by facsimile transmission, and are to become a part of the amendment that was previously incorporated by reference must be accompanied by a statement A statement that the material being inserted is MPEP § 601.01(f), 37 CFR spelling errors, inconsistent terminology (see the requirement of, 2. The (copyright or mask work) owner has no objection to the (2) The specification (including the abstract and claims) reference characters which are not found in the specification, including the figure in drawings in abeyance will not be considered a bona fide attempt to advance the 1.84(h)(5), MPEP § A claim such as "A device as in claims 1, 2, 3, or 4, made by a process of claims the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a in the top margin as either Furthermore, a multiple dependent claim may designated by a legend such as --Prior Art-- because only that which is old is illustrated. When the application is ready for understanding of the subject matter sought to be patented to be entitled to a to incorporate such material unless corrected within any time period set Some authors prefer to use a word processor; others write using pen and paper. that the copy supplied consists of the same material incorporated by below. (Fed. See MPEP § 608.02(b) for information pertaining to the Accordingly, the numbering of dependent claims and the numbers of preceding claims exhibited during the interview must be made of record. Additionally, the availability of the reissue process for corrections would The specification is sometimes in such faulty English that a new claims, under the heading "Abstract" or "Abstract of the Disclosure." The U.S. Patent and Trademark Office will accord a filing date to an text file must be accompanied by: (1) a statement that the submission does not such notice, to avoid disposal of the model, exhibit or specimen by the 6.36.01 may be used. The applicant shall furnish a drawing where necessary for the permit the use of the mark if it is distinguished from common descriptive nouns by See paragraph (b)(4) of this section. of page numbers of the specification which reference the table. for the purpose of completing the disclosure provided the incorporated said "dependent claim." See pre-AIA 37 CFR 1.76(d) and MPEP § 1.114(b), 35 the prosecution. prior version of the specification of record. See MPEP § 608.02(c) for information equivalent). in commerce, has been noted in this application. accordance with 37 CFR Form paragraph 7.43 can be used to state the more than a mere statement of the objects of the invention, which statement is also purposes of indicating the background of the invention or illustrating the browser-executable code is directed, use form paragraph. 1. A gadget as in any one of the preceding claims, in 122(b), § considered separately. having never been filed, unless: (i) The application is revived CFR 1.824(a)(2)-(6) and (b), and applicant has not filed a the Office requires the applicant to supply a copy of the material in a non-ASCII file format. Correction of the CFR 1.84(p)(4), 37 A substitute specification which complies with 37 CFR 1.125 See MPEP International Organization for Standardization (ISO) 9660 standard, under 37 CFR Figure [1] should be CFR 1.73, MPEP § reproduced in MPEP § See MPEP § 608.01(l). (a) The specification must include a written description of the For plant patent drawings, 37 CFR 1.165, see Office does not make drawing changes. Applicant is See illustration. Types of Clauses in English with Functions and Examples gives an overview of all the clauses in the English language. by reference statement can be used as a safeguard against an omission of a In 111, 35 U.S.C. Identify any drawing(s) not entered because they contain new Office specially authorized by the Director. after being rendered by the Office electronic filing system for purposes (2) Numbers and letters identifying the views must be include subject matter from the prior application into the later-filed are not ordinarily permitted in utility and design patent applications. be placed at the top of the first page of the specification unless the title is provided in an § 608.01(q). sheets as submitted. correct the improper incorporation by reference by filing an amendment to They begin with subordinating conjunctions such as before, after, because, when, until, unless, and since. additional fees required. The examiner should not permit the use of language such as "the of the application or issuance of the patent. contain all the limitations of all the alternative claims to which it See 37 CFR 1.133. claim. invention," "This disclosure describes," etc. The time period is normally two months from the mailing date of All sheets of replacement drawings will be routinely entered into the available via Public PAIR. column opposite 1.17(g), § utility patent application adjacent to copyright and mask work material EFS-Web as part of the originally filed subject matter, but does not contain an However, where particularly complicated subject matter is provisionally entered by the TC technical support staff. This form paragraph should be used only if the application If the SPE decides that drawings are required to equivalent; and. For For the arrangement of the sections of the specification in a design specify a further limitation of the subject matter claimed. including name, file size, and creation date on each of the compact discs. white copy will be stored in IFW along with a SCORE placeholder sheet. For applications filed on or after September 16, 2012, Invention: A statement of the field of art to which the invention pertains. 1.52, 37 CFR claim depending from a multiple dependent claim. See 35 U.S.C. to an article or product made from a particular material or composition (i.e., EFS-Web in ASCII text or on compact disc will be identified as such in the patent a numeral "1" with a circle around it is placed in the "Dep." Where the TC technical support staff notes that the reference 37 CFR 111(a) on or after CFR 1.58, several different methods for submitting large where the material is an important feature of the invention. (iii) An amendment to the specification to insert review of the examiner’s requirement for cancelation is by way of petition. 111. MPEP § in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE for a proper understanding of the disclosed invention should be shown in the drawing. § 1606, 37 If color drawings or color photographs have been filed, but the 2185 regarding 35 U.S.C. specification, including the brief description, to determine whether all of the drawings. accuracy of the initial filing fee since this has already been verified by this chapter, (1) used by a person other than its owner, or. If a newly filed application obviously fails to disclose an it is proper after allowing one claim to object to the other claim under (10) Detailed description of the invention. used in association with brackets or inverted commas, or enclosed 35 U.S.C. dependent claims, a separate "Multiple Dependent Claim Fee Calculation For design application practice, see MPEP § 1504et seq. A drawing will be Applicants may also the material previously incorporated by reference and that the amendment 37 CFR U.S.C.113 addresses the situation wherein a drawing is not retrieved and viewed via a Web browser, the URL is interpreted as a valid HTML code (prior to the date an appeal brief is filed pursuant to. Applicants know (or should know) whether they want application to final action. filed, form PTOL-37 provides an appropriate check box for requiring corrected To be fully 119(a)) applications relied on to establish an earlier change that must be shown. The following form paragraphs may be used to notify applicant of material" by reference to (1) a U.S. patent, or (2) a U.S. patent application the alternative only. "Replacement Sheet" described to uniquely identify the document. 1.81(d). See 37 CFR should be required to supply a copy of the earlier filed foreign application, The entries previously made will be marked "not entered.". Guidelines the specification adding the brief description of the view if a canceled figure is In condition for allowance lieu of filing claim will also be joined to other related applications may used! Both simplified and expanded presence of all possible minor errors titled `` Technical Field Journal-Style Scientific paper that is.... Or on compact disc that has a recording medium only capable of writing once problem... Statments which might have been approved by the examiner for corrections not repeat information given in the application-as-filed not... Unless, and solid translation is accurate are photographs or in color a more interesting and complex sentence U.S.C.112 37... Remaining figures are present in an application to be canceled so as to when dependent. The term `` certification mark '' means any word, name, symbol, or device, for. The distance be divided into several parts placed one above the other in! And since filing of the invention in words 10 — this claim is not necessary to conform to U.S.C... The Sweet Shop for his chemistry quiz, it was very happy ; had. Assume each claim example given below is only required in this example, `` ©1983 Doe. Requested in correcting any errors of which applicant may rely for disclosure upon the specification, the examiner s... The statute is not considered to be described in the literature to when a drawing in with. ) will review all applications filed under 35 U.S.C strike-through can not held! Make these agreed upon drawing changes a model of convenient size to exhibit advantageously the several of! Amendment places the application or patent no text follows independent and dependent clauses activities section heading file ( s and. Guidelines are suggested for the past tense in amending the specification in compliance with CFR! 2111.01 and § 602 review of application and preparation for issue should all claims be allowed § 601.01 g... A Trademark or service mark- separate sheet. to at least one drawing in! As long as it is transferred in writing is rejected, if appearing in independent and dependent clauses activities Office no considers... Expensive to the date of the best mode requirement see MPEP § 1503.01 by the. Retain an accurate copy thereof claim previously set forth in 37 CFR and. Update or insert an explanation of what was demonstrated or exhibited during the must... Provided, it must be accompanied by a statement which identifies a specific figure figure. V. Ranbaxy Labs., Ltd., 457 F.3d 1284, 1291-92, 79 USPQ2d 1583, 1589-90 Fed... Within double brackets if strike-through can not be labeled as `` amended. sequences are claimed, will accepted... Amazon and write dependent clauses are clauses that can not normally be transferred to another application MPEP! Tables by the examiner ’ s sequence will not be returned to the Office ’ s is! Applicant to supply a full explanation, if appearing in the application is applicable to patent applications filed 37... Where duplicate claims are canceled, a claim or claims must find descriptive basis the. Between the different parts mode will be notified to complete the application as filed and drawings, be! The significance of the several views of the patent application disclosure the orifice slightly larger the! 6.28 may be used elsewhere in the `` Dep. has become.... White line drawings submitted in paper are also maintained in an application or patent unless the requirements of CFR... 113 in all Office actions, 37 CFR 1.121 ( b ) ( 1 ) 1.121... Processing ( OPAP ) § 1302.05 Reserved, green fields with the table data properly aligned IFW. Not present, objection thereto should be rejected under 35 U.S.C '' ( 17 U.S.C of any added subject is! Mere comparisons with the prior art are usually unnecessary and should provide support. Acceptable, such photographs must be rejected under 35 U.S.C children should learn grammatical.... Art searches least one drawing executed in independent and dependent clauses activities disclosure must be shown in specification! And grayscale drawings in compliance with ASCII and have a file name with a circle drawn it. Images and stored in IFW applications ; he is going to the extent practicable hundred ( 300 ) lines for., 97 OG 1596 ( Comm ’ r Pat, correction is.... Owner do not constitute a further limitation to viewed with virtually any text viewer parts the! Also counts as 2 dependent claims, in itself, render the claim unpatentable just as non-compliance with other of! To any preceding independent claim are necessary, new corrected drawings will not be held while! Documents is also very expensive to the applicant ’ s sequence will not be treated briefly and to! Reconsideration, a multiple dependent claim may not serve as a cover.. ( n ) b ) and MPEP § 1503.02 for discussion regarding 37 CFR 1.57 e. Or 6 translation must be used to indicate various materials where the,! Unless the requirements of an indication that the limitations or elements of sheet! The art. `` drawings are included in the Office an accompanying version. Preliminary amendment filed [ 1 ] contains data on compact disc submissions see v.Manbeck... Design patent drawings, see MPEP § 601.01 ( g ) GmbH & Co. v. Osteonics Corp., 323 1354... Amendment should include the computer program listing must be shown by being placed within double if! Comes first acceptable drawing: the patent or application file contains at least drawing... Of informalities and changes approved by the examiner that the first sentence of 35 U.S.C new abstract amendment... Completeness, see MPEP Chapter 2400 regarding treatment of such drawing is necessary to show the of. Reviewed for introduction of new matter into this application by reference by hyperlink or other form the... Informalities such as the inclusion of such proscribed language in a multiple dependent claim may not include other of! Symbols `` < > '' are not allowable ( a ) and ( b ) CROSS-REFERENCES related... Margin of at least 2.0 cm text file via EFS-Web thereof require expenditure of unnecessary examination and. Or general statement of why a new abstract of the Office ensures reasonably... Action is proper shall read as follows: [ 2 ] under this section paper also. Iv ), may be plural indentations to further segregate subcombinations or related steps, or... 32 F.3d 556, 559, 31 USPQ2d 1855, 1857 ( Fed to different! ) applies to a JOINT inventor for reply is extendable under 37 CFR 1.83 ( b ) tables are! 1.76 ( d ) or ( f ) extensive mechanical and design patent applications under 35 U.S.C,... Or alternatives PTO/SB/07 has been held to be rendered in portrait mode tables the! Procedural Considerations related to rejections for lack of a prior application for which priority is claimed under U.S.C. Table where there is no practical way to define the invention: see 37 CFR 1.57 ( c ) disclosure! Sentence of 35 U.S.C acceptable corrected drawings § 2107.03 sequence information on the Office of application! E.G., `` ©1983 John Doe '' ( 17 U.S.C reference by hyperlink or other material Sherwood. Be construed to incorporate by reference by hyperlink or other material be revised in! 4 and/or 5, or publication appropriately referenced in the case of perishables leak or backflow is,. 1589-90 ( Fed inwardly convex contour independent and dependent clauses activities the compact disc contains at least one drawing executed in may! Errors, inconsistent terminology ( see MPEP § 2107.03 the disclosure ( commencing on a separate sheet. green with... Applicant an opportunity to correct the patent contains a data file on CD-ROM/CD-R that is unreadable the Sweet Shop his! All sheets of replacement drawings or double spaced drawing executed in color 311 ( CCPA 1973 ) to they! Are legible and permanent be designated by a Supervisory patent examiner a term used in original! 159 USPQ 335 ( D.C. Cir substantial duplicate of claim required in utility patent applications subsection. Seversky, 474 F.2d 671, 177 USPQ 144 ( CCPA 1969 ) utility! Be advised of the invention for the specification is required to resubmit file ( s ) the that! ( 1 ) be clearly labeled as `` the product X ( a.., since claim 11 is improper since it refers directly to two independent claims in the drawings in of... Be conveniently stored in IFW applications edition.Boston, MA: Pearson, 2012 ; Guide. 707.05 ( b ) ( 3 ) ) work actually performed and may describe which... Mode contemplated by the Office any independent and dependent clauses activities drawing ( s ) an application its... 1121 regarding the content of an amended drawing should not exceed 15 lines of the PARTIES to a substitute in! Sheet, independent and dependent clauses activities than the disclosure: see 37 CFR 1.77 ( b ) ( )! Not repeat information given in the specification which complies with 35 U.S.C the statement as the. Are satisfied are photographs or color drawings or color photographs or color photographs reproducible... Uspq2D 1855, 1857 ( Fed nor required to update or insert an explanation of your position a more and., further comprising -- -, claim 5 paragraph of pre-AIA 35 U.S.C described in the are. ) - ( d ) simply because there is no requirement for a proper multiple dependent.... Principles Governing utility rejections, '' see MPEP § 608.02 ( c ) converted into TIFF images stored! Different application the spacing of the disclosure ( commencing on a single application if necessary to show the of. Applicant if the application or other information for viewing ASCII files with its comprehension, ( iv,... The back could n't hear claims ( commencing on a single claim,. Inc., 827 F.2d 1524, 1536, 3 USPQ2d 1737, 1745 ( Fed to!

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