MPEP Section 713.08, Demonstration, Exhibits, Models

Executive summary:

This document contains Section 713.08 ("Demonstration, Exhibits, Models") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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713.08 Demonstration, Exhibits, Models [R-3]

The invention in question may be exhibited or demonstrated during the interview by a model >or exhibit< thereof. *>A model or exhibit will not generally be admitted as part of the record of an application. See 37 CFR 1.91. However, a< model **>or exhibit submitted by< the applicant ** which complies with 37 CFR 1.91 **>would be< made part of the application record **. See MPEP § 608.03 and § 608.03(a). For Image File Wrapper (IFW) processing, see IFW Manual section 3.6.

** If the model or exhibit is merely used for demonstration purpose **>during the course of the interview, it will not be< made part of the record (does not comply with 37 CFR 1.91)**>. A< full description as to what was demonstrated/exhibited must be made of record in the application. See 37 CFR 1.133(b). Demonstrations of apparatus or exhibits too large to be brought into the Office may be viewed by the examiner outside of the Office (in the Washington, D.C. area) with the approval of the supervisory patent examiner. It is presumed that the witnessing of the demonstration or the reviewing of the exhibit is actually essential in the developing and clarifying of the issues involved in the application.