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MPEP 608.02(g): Illustration of Prior Art

This is the Ninth Edition of the MPEP, published in March 2014

Previous Section: §608.02(f) | Next Section: §608.02(h)

MPEP Chapter Index
Chapter 600: Parts, Form, and Content of Application
608: Disclosure
608.02: Drawing

608.02(g)   Illustration of Prior Art

Figures showing the prior art are usually unnecessary and should be canceled. Ex parte Elliott, 1904 C.D. 103, 109 O.G. 1337 (Comm’r Pat. 1904). However, where needed to understand applicant’s invention, they may be retained if designated by a legend such as “Prior Art.”

If the prior art figure is not labeled, form paragraph 6.36.01 may be used.

¶ 6.36.01    Illustration of “Prior Art”

Figure [1] should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.