What is the correct procedure for submitting corrected drawings in response to a prior art figure objection?

When responding to an objection regarding unlabeled prior art figures, applicants must follow specific procedures for submitting corrected drawings. According to MPEP 608.02(g), the process involves:

  1. Submitting corrected drawings in compliance with 37 CFR 1.121(d).
  2. Labeling the replacement sheet(s) as ‘Replacement Sheet’ in the page header, as per 37 CFR 1.84(c).
  3. Ensuring that the labeling does not obstruct any portion of the drawing figures.
  4. Designating the prior art figure with a legend such as ‘Prior Art’.

The MPEP states: Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. 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.

It’s crucial to follow these instructions carefully to ensure that the objection is resolved and to avoid further complications in the patent prosecution process.

To learn more:

Topics: Patent Law, Patent Procedure
Tags: corrected drawings, patent drawings, prior art, Replacement Sheet