What happens if a copy of prior art submitted for reexamination is not legible?
If a copy of prior art submitted for reexamination is not legible, it is considered not to have been provided. The USPTO addresses this issue as stated in MPEP 2218:
“If the copy provided is not legible, or is such that its image scanned into the Image File Wrapper system (IFW) will not be legible, it is deemed to not have been provided. The appropriate ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements’ (see MPEP § 2227) will identify this defect.”
In such cases, the USPTO will issue a notice to the requester, identifying the defect and providing an opportunity to submit a legible copy of the prior art.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2218 - Copies Of Prior Art,
Patent Law,
Patent Procedure