Editing MPEP 608
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affecting new matter in the specification. | affecting new matter in the specification. | ||
===608. | ===608.05Sequence Listing Table, or Computer Program Listing Appendix Submitted on a Compact Disc[R-5]=== | ||
37 CFR 1.52. Language, paper, writing, margins, compact | |||
(e) Electronic documents that are to become part of the permanent | disc specifications. | ||
(e)Electronic documents that are to become part of the permanent | |||
United States Patent and Trademark Office records in the | United States Patent and Trademark Office records in the | ||
file of a patent application or reexamination proceeding. | file of a patent application or reexamination proceeding. | ||
(1)The following documents may be submitted to the | |||
Office on a compact disc in compliance with this paragraph: | |||
(i)A computer program listing (see § | |||
1.96); | |||
(ii)A “Sequence Listing” (submitted under § | |||
1.821(c)); or | |||
(iii)Any individual table (see § 1.58) if the table is | |||
more than 50 pages in length, or if the total number of pages of all | |||
of the tables in an application exceeds 100 pages in length, where | |||
a table page is a page printed on paper in conformance with paragraph | |||
(b) of this section and § 1.58(c). | |||
(2)A compact disc as used in this part means a Compact | |||
Disc-Read Only Memory (CD-ROM) or a Compact Disc-Recordable | |||
(CD-R) in compliance with this paragraph. A CD-ROM is a | |||
“read-only” medium on which the data is pressed into the disc so | |||
that it cannot be changed or erased. A CD-R is a “write once” | |||
medium on which once the data is recorded, it is permanent and | |||
cannot be changed or erased. | |||
(3)(i) Each compact disc must conform to the International | |||
Standards Organization (ISO) 9660 standard, and the contents | |||
of each compact disc must be in compliance with the | |||
American Standard Code for Information Interchange (ASCII). | |||
CD-R discs must be finalized so that they are closed to further | |||
writing to the CD-R. | |||
(ii)Each compact disc must be enclosed in a hard | |||
compact disc case within an unsealed padded and protective mailing | |||
envelope and accompanied by a transmittal letter on paper in | |||
accordance with paragraph (a) of this section. The transmittal letter | |||
must list for each compact disc the machine format (e.g., IBM- | |||
PC, Macintosh), the operating system compatibility (e.g., MS- | |||
DOS, MS-Windows, Macintosh, Unix), a list of files contained on | |||
the compact disc including their names, sizes in bytes, and dates | |||
of creation, plus any other special information that is necessary to | |||
identify, maintain, and interpret (e.g., tables in landscape orientation | |||
should be identified as landscape orientation or be identified | |||
when inquired about) the information on the compact disc. Compact | |||
discs submitted to the Office will not be returned to the applicant. | |||
(4)Any compact disc must be submitted in | |||
duplicate | |||
unless it contains only the “Sequence Listing” in computer readable | |||
form required by § | |||
1.821(e). The compact disc and duplicate | |||
copy must be labeled “Copy 1” and “Copy 2,” respectively. The | |||
transmittal letter which accompanies the compact disc must | |||
include a statement that the two compact discs are identical. In the | |||
event that the two compact discs are not identical, the Office will | |||
use the compact disc labeled “Copy 1” for further processing. Any | |||
amendment to the information on a compact disc must be by way | |||
of a replacement compact disc in compliance with this paragraph | |||
containing the substitute information, and must be accompanied | |||
by a statement that the replacement compact disc contains no new | |||
matter. The compact disc and copy must be labeled “COPY 1 | |||
REPLACEMENT MM/DD/YYYY” (with the month, day and | |||
year of creation indicated), and “COPY 2 REPLACEMENT MM/ | |||
DD/YYYY,” respectively. | |||
(5)The specification must contain an incorporation-by- | |||
reference of the material on the compact disc in a separate paragraph | |||
(§ 1.77(b)(5)), identifying each compact disc by the names | |||
of the files contained on each of the compact discs, their date of | |||
creation and their sizes in bytes. The Office may require applicant | |||
to amend the specification to include in the paper portion any part | |||
of the specification previously submitted on compact disc. | |||
(6)A compact disc must also be labeled with the following | |||
information: | |||
(i)The name of each inventor (if known); | |||
(ii)Title of the invention; | |||
(iii)The docket number, or application number if | |||
known, used by the person filing the application to identify the | |||
application; and | |||
(iv)A creation date of the compact disc. | |||
(v)If multiple compact discs are submitted, the label | |||
shall indicate their order (e.g. “1 of X”). | |||
(vi)An indication that the disk is “Copy 1” or “Copy | |||
2” of the submission. See paragraph (b)(4) of this section. | |||
(7)If a file is unreadable on both copies of the disc, the | |||
unreadable file will be treated as not having been submitted. A file | |||
is unreadable if, for example, it is of a format that does not comply | |||
with the requirements of paragraph (e)(3) of this section, it is corrupted | |||
by a computer virus, or it is written onto a defective compact | |||
disc. | |||
(f) | (f)(1) Any sequence listing in an electronic medium in compliance | ||
with §§ 1.52(e) and 1.821(c) or (e), and any computer program | |||
listing filed in an electronic medium in compliance with §§ | |||
1.52(e) and 1.96, will be excluded when determining the application | |||
size fee required by § 1.16(s) or § 1.492(j). For purposes of | |||
determining the application size fee required by § 1.16(s) or § | |||
1.492(j), for an application the specification and drawings of | |||
which, excluding any sequence listing in compliance with § | |||
1.821(c) or (e), and any computer program listing filed in an electronic | |||
medium in compliance with §§ 1.52(e) and 1.96, are submitted | |||
in whole or in part on an electronic medium other than the | |||
Office electronic filing system, each three kilobytes of content | |||
submitted on an electronic medium shall be counted as a sheet of | |||
paper. | |||
(2)Except as otherwise provided in this paragraph, the | |||
paper size equivalent of the specification and drawings of an | |||
application submitted via the Office electronic filing system will | |||
be considered to be the number of sheets of paper present in the | |||
specification and drawings of the application when entered into | |||
the Office file wrapper after being rendered by the Office electronic | |||
filing system for purposes of computing the application size | |||
fee required by § 1.16(s). Any sequence listing in compliance with | |||
§ 1.821(c) or (e), and any computer program listing in compliance | |||
with § 1.96, submitted via the Office electronic filing system | |||
will be excluded when determining the application size fee | |||
required by § 1.16(s) if the listing is submitted in ACSII text as | |||
part of an associated file. | |||
37 CFR 1.77. Arrangement of application elements. | 37 CFR 1.77. Arrangement of application elements. |