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608.02(z) Allowable Applications Needing Drawing Corrections or Corrected Drawings [R-2] - 600 Parts, Form, and Content of Application
608.02(z) Allowable Applications Needing Drawing Corrections or Corrected Drawings [R-2]
If an application is being allowed, and corrected drawings have not been filed, form PTOL-37 provides an appropriate check box for requiring corrected drawings.
Allowable applications with * drawings >that were indicated by the applicant to be informal< should be turned in for counting and forwarding to the Publishing Division without the drawings having been corrected. Examiners should not require new drawings merely because the applicant indicated that the drawings submitted on filing were informal. *>If at allowance, the examiner determines that correction is required, the< drawings requiring correction should be placed as the top papers in the center fold of the file wrapper >, if the application is maintained in paper. For Image File Wrapper (IFW) processing, see IFW Manual<. A proposed drawing correction, for example a drawing sheet with corrections marked in pencil, should be stapled to the right outside flap of the file wrapper over the area having the search information. Care should be taken to make certain that the corrections have been approved by the examiner. Such approval should be made by the examiner prior to counting the allowance of the application by writing "Approved," the examiner's initials or full name, and the date, on the front page of the proposed drawing corrections.
Extensions of time to provide acceptable drawings after the mailing of a notice of allowability are no longer permitted. ** If the Office of Publications receives drawings that cannot be scanned or are otherwise unacceptable for publication, the Office of Publication will mail a requirement for corrected drawings, giving applicant a shortened statutory period of two months (with no extensions of time permitted) to reply. The drawings will ordinarily not be returned to the examiner for corrections.
>I. < APPLICATIONS HAVING LOST DRAWINGS
A replacement drawing should be obtained from the Office of Initial Patent Examination's records of the application as originally filed. If the reproduced drawings are not acceptable for publishing, applicant should be required to submit corrected drawings.
The Notice of Allowability is verified and printed using PALM, and the Notice is mailed to the applicant.
The application is then forwarded to Licensing and Review or the Publishing Division, as appropriate, using the PALM transaction code after the application has been revised for issue.
>II. < UTILITY PATENT APPLICATIONS RECEIVING FORMAL DRAWINGS AFTER THE NOTICE OF ALLOWABILITY
Where *>replacement< drawings are received in utility patent applications examined with informal drawings and the Notice of Allowability was mailed prior to the receipt of the *>replacement< drawings, the technical support staff should forward the *>replacement< drawings to the Publishing Division. Submission to the examiner is not necessary unless an amendment accompanies the drawings which changes the specification, such as where the description of figures is added or canceled.
>III. < BORROWING FILES FROM PUBLISHING DIVISION
Allowed files requiring drawing corrections are sent to the Publishing Division. At times, examiners have a need to borrow these applications. When borrowing applications, examining corps personnel must submit a request to the Office of Patent Publications Customer Service Center.
>IV. < 37 CFR 1.312 AMENDMENTS
**>For information on handling amendments to drawings filed under 37 CFR 1.312, see MPEP § 714.16.<
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