What happens to Sequence Listing XML files that exceed the 600KB limit?
While MPEP 2419.01 does not explicitly state what happens to Sequence Listing XML files that exceed the 600KB limit when transformed into ASCII text, it implies that these larger files are treated differently:
“Upon transformation of the .xml file using the style sheet to an ASCII text file, any ASCII text file produced by the USPTO that is under 600KB will be published as part of the specification.”
By inference, Sequence Listing XML files that result in ASCII text files larger than 600KB are likely not published as part of the specification. Instead, they may be handled separately, possibly as lengthy sequence listings that are incorporated by reference or made available through other means. Applicants dealing with larger sequence listings should consult with the USPTO or a patent attorney for specific guidance on how these are processed and published.
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