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 ‘amended’
As stated in MPEP 608.02(e), Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application.
It’s important to note that objections to the drawings in a utility or plant application will not be held in abeyance, and a request to hold objections to the drawings in abeyance will not be considered a bona fide attempt to advance the application to final action.
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Topics:
Patent Law,
Patent Procedure