Can a patent examiner begin examination if drawings are defective under 35 U.S.C. 112?

Yes, a patent examiner can begin examination if the drawings are defective under 35 U.S.C. 112, but with specific actions: The examination begins immediately. The examiner issues a requirement for corrected drawings. The examiner rejects the claims as not being in compliance with 35 U.S.C. 112(a). The MPEP states: However, if the drawings do permit…

Read More

How should an applicant respond to drawing objections?

When responding to drawing objections, an applicant should: Submit corrected drawing sheets in compliance with 37 CFR 1.121(d) Include all figures from the immediate prior version, even if only one figure is amended Label new sheets as ‘Replacement Sheet’ or ‘New Sheet’ in the top margin Ensure any amended drawing figure is not labeled as…

Read More

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: Submitting corrected drawings in compliance with 37 CFR 1.121(d). Labeling the replacement sheet(s) as ‘Replacement Sheet’ in the page header, as per 37 CFR 1.84(c). Ensuring that the labeling…

Read More