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Where an application is filed with papers that do not comply with 37 CFR 1.52, the Office of Patent Application Processing will mail a “Notice to File Corrected Application Papers” indicating the deficiency and setting a time period within which the applicant must correct the deficiencies to avoid abandonment.

The failure to submit application papers in compliance with 37 CFR 1.52 does not affect the grant of a filing date, and original application papers that do not comply with 37 CFR 1.52 will be retained in the application file as the original disclosure of the invention.

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.

It should be noted that if such interlineations or other alterations are made after the signing of the inventor’s oath or declaration, then the statements in the inventor’s oath or declaration pursuant to 37 CFR 1.63 must remain applicable to the application papers. CERTIFIED COPIES OF AN APPLICATION-AS-FILED If an application-as-filed does not meet the sheet size/margin and quality requirements of 37 CFR 1.52 and 1.84(f) and (g), certified copies of such application may be illegible and/or ineffective as priority documents.

Otherwise, the inventor may need to execute a new inventor’s oath or declaration. When an applicant requests that the USPTO provide a certified copy of an application-as-filed and pays the fee set forth in 37 CFR 1.19(b)(1), the USPTO will make a copy of the application-as-filed from the records in the IFW database (or the microfilm database).

That is, the claim(s), abstract and sequence listings (if any) should each begin on a new page since each of these sections (specification, abstract, claims, sequence listings) of the disclosure are separately indexed in the Image File Wrapper (IFW). Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.

There should be no overlap on a single page of more than one section of the disclosure. Certain cross references to other related applications may be made. applications identified only by the attorney’s docket number may be amended to properly identify the earlier application(s). As the specification is never returned to applicant under any circumstances, the applicant should retain an accurate copy thereof. The pages of the specification including claims and abstract must be numbered consecutively, starting with 1, the numbers being centrally located above or preferably, below, the text.

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