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The inclusion of such proscribed language in a federal government publication would not be in the public interest.
Also, the inclusion in application drawings of any depictions or caricatures that might reasonably be considered offensive to any group should be similarly objected to. 122(b) and an examiner should not pass the application to issue until such language or drawings have been deleted, or questions relating to the propriety thereof fully resolved. 112, revision of the application should be required. The written description must not include information that is not related to applicant’s invention, e.g., prospective disclaimers regarding comments made by examiners.
References to foreign applications or to applications identified only by the attorney’s docket number should be required to be canceled. In amending the specification, the attorney or the applicant must comply with 37 CFR 1.121 (see MPEP § 714). 112 (pre-AIA), first paragraph, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The lines of the specification, and any amendments to the specification, must be 1 1/2 or double spaced.
Examiners should not object to the specification and/or claims in patent applications merely because applicants are using British English spellings (e.g., colour) rather than American English spellings. Note that 37 CFR 1.52(b)(1)(ii) only requires the application to be in the English language. The specification should be revised carefully in order to comply with 35 U. The text must be written in a nonscript type font (e.g., Arial, Times Roman, or Courier, preferably a font size of 12) lettering style having capital letters which should be at least 0.3175 cm.
(0.08 inch) high (e.g., a font size of 6) in portrait orientation and presented in a form having sufficient clarity and contrast between the paper and the writing thereon to permit the direct reproduction of readily legible copies in any number by use of photographic, electrostatic, photo-offset, and microfilming processes and electronic capture by use of digital imaging and optical character recognition; and only a single column of text. The application papers are objected to because .
A legible substitute specification in compliance with 37 CFR 1.52(a) and (b) and 1.125 is required. ALTERATION OF APPLICATION PAPERS Effective September 16, 2012, 37 CFR 1.52(c) no longer prohibits interlineations and other alterations of the application papers from being made after the signing of the inventor’s oath or declaration.
To obtain a valid patent, a patent application as filed must contain a full and clear disclosure of the invention in the manner prescribed by 35 U. No new matter may be introduced into an application after its filing date.
All amendments and claims must find descriptive basis in the original disclosure.
Applicant may rely for disclosure upon the specification with original claims and drawings, as filed. If during the course of examination of a patent application, an examiner notes the use of language that could be deemed offensive to any race, religion, sex, ethnic group, or nationality, he or she should object to the use of the language as failing to comply with 37 CFR 1.3 which proscribes the presentation of papers which are lacking in decorum and courtesy.The specification (including the abstract and claims), and any amendments for applications, except as provided for in 37 CFR 1.821 through 1.825, must have text written plainly and legibly either by a typewriter or machine printer in a nonscript type font (e.g., Arial, Times Roman, or Courier, preferably a font size of 12) lettering style having capital letters which should be at least 0.3175 cm.(0.125 inch) high, but may be no smaller than 0.21 cm.The abstract must commence on a separate sheet and any sheet including an abstract or portion of an abstract may not contain any other parts of the application or other material (37 CFR 1.72(b)). See 37 CFR 1.125 for filing rewritten papers constituting a substitute specification required by the Office. All papers which are to become a part of the permanent records of the U. Patent and Trademark Office must be legibly written either by a typewriter or mechanical printer in permanent dark ink or its equivalent in portrait orientation on flexible, strong, smooth, nonshiny, durable, and white paper.All application papers that are submitted on paper or by facsimile transmission which are to become a part of the permanent record of the U. Patent and Trademark Office must be on sheets of paper which are the same size (for example, an amendment should not have two different sizes of paper, but the specification can have one size of paper and the drawings a different size) and are either 21.0 cm. Typed, mimeographed, xeroprinted, multigraphed or nonsmearing carbon copy forms of reproduction are acceptable.