Appendix III

us-uspto-mpep-archived-e3r15_iiiAppendix IIIGuidance

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OCR transcription for search; preserved printed pages are authoritative

Numbers Ogrestofth
those in the Manual of
Olerical Procedure.

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mare readily be kept in
mine.

# FORM PARAGRAPHS

1

Abandonment Express
(Section 711.01)

Ab

Applicant's letter of express abandonment in compli-
ance with Rule 138 is acknowledged.

The file will be forwarded to Abandoned Files Unit.

4

Amendment Received After Period for
Response Has Expired
(Sections 710.02(d), 711.02, 714.17)

Amt late

The proposed amendment filed
(date)
has

not been entered, because it was received after expira-
tion of the statutory period for response to the Office
action dated
(Rule 135).

The application will be forwarded to Abandoned
Files Unit.

7

## Attorney Deceased (Section 406)

Atty dies

The Patent Office has received notice of the death
of the attorney of record. His power, as a consequence,
is terminated and a copy of this action is being mailed
directly to the applicant. Applicant may appoint a
new attorney.

## Consular Certificate Omitted (Section 604.04(a))

Consul

The oath is objected to as informal in that it lacks
authentication by a diplomatic or consular officer of the
United States (Rule 66a). This informality can be
overcome only by forwarding the original oath to the
appropriate officer for authentication. Applicant
should therefore promptly request return of the oath
for this purpose. Such request must be accompanied by
an order for a copy of the oath to be retained in the file.
See Section 604.04 (a), MPEP. After authentication,
the oath should be returned promptly to the Patent
Office.

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19

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Applicant is advised to employ the services of a
competent patent draftsman outside the Office because
the Drafting Branch of the Patent Office does not
have the facilities, at the present time, for preparing
new drawings.

### 20 Drawings, Transferred-Case Up for Action (Section 608.02(1) )

In view of the transfer on
(date)

of the drawings
to application Serial No.
pursuant to applicant's
request under Rule 88, and the intention to abandon this
application, the filing of the express abandonment of the
instant application is required.

A SHORTENED STATUTORY PERIOD FOR
RESPONSE TO THIS ACTION IS SET TO
EXPIRE ONE MONTH FROM THE DATE OF
THIS LETTER

21
Drawings, Transferred-Amendment
Received
(Section 608.02(e))

In view of the transfer on
(date)
of the drawings
from this application to application Serial No.
pursuant to applicant's request under Rule 88, the
proposed amendment submitted on
has not been
entered.
{date)

24

Drawing Mailed to Applicant
(Section 608.02(x))

On
the Office Draftsman mailed a new
drawing for approval and signature.
(date)
A SHORTENED STATUTORY PERIOD FOR
SIGNING AND RETURNING THIS DRAWING
IS SET TO EXPIRE TWO MONTHS FROM THE
DATE OF THIS LETTER.

25

Extension of S.S.P.
(Section 710.02(e))

Ext. SSP

THE SHORTENED PERIOD FOR RESPONSE
TO THE OFFICE ACTION OF
IS

(date)

EXTENDED UNTIL
(date)
No further extension may be granted unless approved
by the Commissioner. Rule 136(b).

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Interference Terminated, Unanswered
Office Action
(Sections 710.02(b) and 1109.01)

Interference No.
has been terminated by a
decision favorable to applicant. Ex parte prosecution
is resumed.

However, this application contains an unanswered
Office action.
A SHORTENED STATUTORY PERIOD FOR
RESPONSE TO SUCH ACTION IS SET TO
EXPIRE TWO MONTHS FROM THE DATE OF
THIS LETTER.

#### 30 Oath, New Required (Sections 602.05 and 602.05(a))

Stale oath

Since more than 5 weeks plus mailing time elapsed
between the date of execution of the oath and the filing
of the application, a new oath is required, identifying
this application by serial number and filing date, in
the body thereof. Rule 65 (c).

#### 31 Oath, Specification Omits Parent Case (Section 201.11)

It is noted that this application appears to claim
subject matter disclosed in applicant's prior copending
application Serial No.
Aled
A refer-
ence to this prior application must be inserted in the
(date)
specification of the present application, if applicant
intends to rely on the filing date of the prior application
(Rule 78).

32

Omnibus Claim
(Section 706.03(h))

35 USC 112

Claim
is rejected for failing to particu-
larly point out and distinctly claim the invention as
required by 35 U.S.C. 112.

Get Atty.
33

# Patent Attorney, Desirable (Section 401)

NOTE: Do Not Use If Nothing Patentable Appears
To Be Disclosed.

Since the value of a patent is largely dependent upon
the skillful preparation of the specification and claims,
applicant may consider it desirable to employ the serv-
ices of a registered patent attorney or agent.

The Office cannot aid in the selection of an attorney
or agent.

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The application is objected to as informal because
applicant's post-office address appears incomplete in
that
A statement signed by applicant
giving his complete post-office address is required.

35

Priority Papers
( Section 201.14(c) )

Receipt is acknowledged of papers submitted under
35 U.S.C. 119, which papers have been placed of record
in the file.

36
Papers Acknowledgment, Papers in
Copending Application
(Section 201.14(c))
Applicant's claim for priority, based on papers filed
in (parent) (copending) application Serial No.
submitted under 35 U.S.C. 119, is acknowledged.

37
Priority, No Papers
(Section 201.14(c))

Acknowledgment is made of applicant's claim for
priority based on an application filed in
(country)
on
(date)
It is noted, however, that applicant
has not filed a certified copy of the
application as required by 35 U.S.C. 119.

38

Priority, Not in Oath
(Section 201.14(c))

Receipt is acknowledged of papers filed
(date)
based on an application filed in
(country)
on

(date)
Applicant has not complied with the re-
quirements of Rule 65(a), since the oath does not
acknowledge the filing of any foreign application. A
new oath is required if priority under 35 U.S.C. 119
is sought.

40

## Priority Papers, Outside Year (Section 201.14(c) )

Receipt is acknowledged of the filing on

(date)
,
of a certified copy of the
(country)
application
referred to in the oath. It is not seen how a claim
for priority can be based on an application filed in
on
since the United States
(country)
(date)
application was filed more than one year thereafter.
The certified copy is herewith returned.

P.O.

Priority OK

Priority-No copy

Priority-Oath
NG

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Quayle, Ex Parte
(Sections 710.02(b))

Q

Since this application appears to be in condition
for allowance except for formal matters, prosecution as
to the merits is closed in accordance with the practice
under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
A SHORTENED STATUTORY PERIOD FOR
RESPONSE TO THIS ACTION IS SET TO EX-
PIRE TWO MONTHS FROM THE DATE OF
THIS LETTER.

### 42 Residence Omitted-Case Ready for Issue (Section 605.02)

No Res.

Applicant's residence has been omitted from the
papers.

Because this application is ready for allowance, the
city and state of applicant's post-office address will be
presumed to be the city and state of his residence.

If the above is incorrect, applicant should submit a
statement of his place of residence no later than at the
time of payment of final fee.

45

Shortened Statutory Period
(Section 710.0)

SSP 2 or SSP 4

A SHORTENED STATUTORY PERIOD FOR
RESPONSE TO THIS ACTION IS SET TO
EXPIRE
MONTHS FROM THE DATE
OF THIS LETTER.

48

Status Letter

Status

1

(date)

The above-identified application is expected to be
reached for action on or about
(date)

56(a)

Venue Lacking in Oath
(Section 604.02)

No Venue

The oath in this application lacks the statement of
venue. To correct this defect, applicant is required to
furnish either a new oath in proper form, identifying
the application by serial number and date of filing, or a
certificate by the officer before whom the original oath
was taken stating that he was within his jurisdiction
when he administered that oath.

56(b)

Venue Does Not Agree With Seal
(Section 604.02)

Venue NG

The oath in this application appears defective in that
the venue does not correspond with the seal. To correct
this defect, applicant is required to furnish either a
new oath in proper form, identifying the application by

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serial number and date of filing, or a certificate by the
executing officer before whom the original oath was
taken and stating that he was within his jurisdiction
when he administered that oath.

61
When Allowable, Citing Art
(Section 1302.04)

Pat. No.

Date

Name

Class & Subclass
The above patent is cited to show the state of the
art.

The application is being prepared for allowance and
the Notice of Allowance will be sent in due course.

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