How are unacceptable substitute specifications handled in amendments?
When an amendment includes an unacceptable substitute specification along with other amendatory matter, the USPTO handles it as follows: The substitute specification is denied entry and marked as such. The rest of the paper, including amendments to claims or new claims, is entered. The application is acted on in its turn, with the applicant being…
Read MoreHow are substitute specifications handled in current USPTO practice?
Current USPTO practice regarding substitute specifications is as follows: Applicants may voluntarily file proper substitute specifications. The Office normally accepts proper substitute specifications, even if not required by the examiner. Substitute specifications filed after the notice of allowance are not automatically accepted. As stated in MPEP 714.20: “Under current practice, substitute specifications may be voluntarily…
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