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1302.07 Use of Retention Labels to Preserve Abandoned Companion Applications - 1300 Allowance and Issue
1302.07 Use of Retention Labels to Preserve Abandoned Companion Applications
Related applications referred to in patent specifications are preserved from destruction by a retention label (form PTO-150) which is attached to the outside of the file wrapper. The technical support staff of the Technology Center (TC) prepares such a label for use as indicated below on each application (which has not become a patent) which is referred to in the specification, oath, or declaration of the application ready for allowance (or in any Office letter therein).
If the application referred to is:
(A) Still pending: Fill in and paste label on the face of the pending file wrapper in the space provided. Make no change in specification of the allowable application.
(B) Abandoned for failure to pay issue fee: If file has been forwarded to Files Repository, fill in label and send it to Files Repository for attachment to the wrapper. If not forwarded, treat the same as pending case.
(C) Abandoned: If file has been forwarded to the Files Repository, fill in label and send it to Files Repository for attachment to the wrapper. If not forwarded, treat the same as pending case. Add "abandoned" in red ink and initials to the allowable application.
(D) Already patented: No label is required. Insert patent number in specification if not already present. Formal examiner's amendment not necessary if this is only change.
(E) In issue: Fill in label. Make no change in the specification of the allowable application.
Examiners are reminded that only one retention label is necessary. Thus, if a retention label is already present, it is sufficient to merely add "et al." to the application number cited thereon.
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