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1302.09 ** >Classification, Print Figure, and Other Notations< [R-2] - 1300 Allowance and Issue
1302.09 ** >Classification, Print Figure, and Other Notations< [R-2]
The examiner preparing the application for issue fills out, *>using< black ink, the appropriate spaces on the face of the file wrapper >for applications in a paper file wrapper (non-Image File Wrapper (IFW) applications). If the application is an IFW application, the Issue Classification sheet is to be completed<.
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To aid the Publishing Division and the printers, examiners should write the class and subclass on the outside of the file wrapper >for non-IFW applications< as carefully and legibly as possible. Each numeral should be distinct and any decimal point should be shown clearly and in its proper position.
Spaces are provided on the file wrapper label or PALM bib-data sheet for identifying data of a prior abandoned application for which the instant application is a substitute, and of parent application(s) and prior provisional and foreign application(s). Examiners must review the data regarding prior U.S. applications to make sure that the information is correct when preparing the application for issue. If any claim to >domestic< priority under 35 U.S.C. > 119(e),< 120, 121, or 365(c) is added, deleted, and/or modified during prosecution of the application and such addition, deletion, and/or modification has been approved, the examiner must make sure that the information on the file wrapper label or PALM bib-data sheet and in the PALM data base are current and up to date. If the PALM system has not been updated, the application must be forwarded >(A)< to the Office of Initial Patent Examination Customer Corrections, accompanied by a completed Application Branch Data Base Routing Slip, >if the application has a file jacket label and is a 08/ or earlier series, or (B) to the Technology Center (TC) Legal Instrument Examiner,< with an explanation of the correction to be made >(e.g., with a marked-up copy of the bib-data sheet), if the application is an IFW application or is a 09/ or later series. A copy of the corrected bib-data sheet should be added to the file<. Examiners should also review the data regarding prior provisional and foreign applications for accuracy.
The class and subclass and the name of the examiner which are written in pencil on *> any paper< file wrapper should correspond to the class and subclass in which the patent will issue and to the name of the examiner preparing the application for issue.
See MPEP § 202.02 for notation as to parent or prior U.S. application, including provisional application, to be placed on file wrapper.
See MPEP § 202.03 for notation as to foreign patent application to be placed on file wrapper.
See MPEP § 1302.13 for name of examiner.
Examiners, when preparing * >a non-IFW< application for issue, are to record the number of the claim selected for printing in the Official Gazette in the box labeled "PRINT CLAIM" on the face of the file wrapper>, or if the application is an IFW application, on the Issue Classification sheet<.
The claim or claims should be selected in accordance with the following instructions:
(A) The broadest claim should be selected.
(B) Examiners should ordinarily designate but one claim on each invention, although when a plurality of inventions are claimed in an application, additional claims up to a maximum of five may be designated for publication.
(C) A dependent claim should not be selected unless the independent claim on which it depends is also printed. In the case where a multiple dependent claim is selected, the entire chain of claims for one embodiment should be listed.
(D) In reissue applications, the broadest claim with changes or the broadest additional reissue claim should be selected for printing.
When recording this information in the box provided, the following items should be kept in mind:
(A) Write the claim number clearly in black ink.
(B) If multiple claims are selected, the claim numbers should be separated by commas.
(C) The claim designated must be referred to by using the renumbered patent claim number rather than the original application claim number.
>Examiners, when preparing *>a non-IFW< application for issue, are to record the figure selected for printing in the Official Gazette in the box labeled "Print Fig." on the face of the file wrapper>, or if the application is an IFW application, on the Issue Classification sheet<. It is no longer necessary for drawings to be stamped approved or for the examiner to write this information in the space provided by the Draftsperson's stamp on the margin of the sheet of drawing.
Ordinarily a single figure is selected for printing. This figure should be consistent with the claim to be printed in the Official Gazette. The figure to be printed in the Official Gazette must not be one that is labeled "prior art." If there is no figure illustrative of or helpful in understanding the claimed invention, no figure need be selected. "None" may be written in the box labeled "Print Fig." on the face of the file wrapper>, or if the application is an IFW application, on the Issue Classification sheet<.