What happens if prior art figures are not properly labeled in a patent application?
If prior art figures are not properly labeled in a patent application, the patent examiner will likely issue an objection. According to MPEP 608.02(g), examiners may use form paragraph 6.36.01 to address this issue:
Figure [1] should be designated by a legend such as –Prior Art– because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application.
This objection requires the applicant to submit corrected drawings with proper labeling. The MPEP further states that The replacement sheet(s) should be labeled ‘Replacement Sheet’ in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures.
If the corrections are not made, the objection will be maintained in subsequent Office actions.
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