What is required when submitting a replacement “Sequence Listing XML” under 37 CFR 1.835(b)?

When submitting a replacement “Sequence Listing XML” under 37 CFR 1.835(b), the following items are required:

  • A compliant replacement “Sequence Listing XML” file
  • An amendment to the specification incorporating the new file by reference
  • A statement identifying the location of all changes
  • A statement identifying the basis for all changes
  • A statement that no new matter is introduced

As stated in the MPEP: Applicant response to a notice or an Office action requiring a replacement “Sequence Listing XML” would involve submitting the following: (1) A compliant replacement “Sequence Listing XML” […] (2) An amendment to the specification to incorporate by reference the material in the XML file […] (3) A statement that identifies the location of all additions, deletions, or replacements […] (4) A statement identifying the basis for the additions, deletions, or replacements […] (5) A statement that no new matter is introduced […]

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Topics: Deleting From, MPEP 2400 - Biotechnology, MPEP 2414.03 - Amendment Adding To, Or Replacing Sequence Information In A "Sequence Listing Xml" Under 37 Cfr 1.835(B), Patent Law, Patent Procedure
Tags: amendment, Biotechnology, sequence listing xml, USPTO