How should multiple figures on a new drawing sheet be labeled in a reexamination proceeding?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When submitting a new drawing sheet with multiple figures in a reexamination proceeding, it’s important to properly label each figure according to its status. The MPEP provides specific guidance:

“If a new drawing sheet contains multiple figures, each figure must be marked as ‘amended’ or ‘new,’ if applicable, to comply with the requirements of 37 CFR 1.530(d)(3). For example, if the new drawing sheet contains Figures 1-3 but only Figure 2 is amended, the new drawing sheet must identify Figure 2 as ‘Amended.’”

This means:

• Each individual figure on the sheet must be labeled as “Amended” if it has been changed.
• New figures should be labeled as “New.”
• Unchanged figures do not require special labeling.
• It is not sufficient to generally label the entire sheet as “Amended.”

Proper labeling ensures clarity and compliance with USPTO requirements during the reexamination process.