37 CFR 41.110: Filing claim information

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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41.110    Filing claim information.

  • (a) Clean copy of claims. Within 14 days of the initiation of the proceeding, each party must file a clean copy of its involved claims and, if a biotechnology material sequence is a limitation, a clean copy of the sequence.
  • (b) Annotated copy of claims. Within 28 days of the initiation of the proceeding, each party must:
    • (1) For each involved claim having a limitation that is illustrated in a drawing or biotechnology material sequence, file an annotated copy of the claim indicating in bold face between braces ({}) where each limitation is shown in the drawing or sequence.
    • (2) For each involved claim that contains a means-plus-function or step-plus-function limitation in the form permitted under 35 U.S.C. 112(f), file an annotated copy of the claim indicating in bold face between braces ({ }) the specific portions of the specification that describe the structure, material, or acts corresponding to each claimed function.
  • (c) Any motion to add or amend a claim must include:
    • (1) A clean copy of the claim,
    • (2) A claim chart showing where the disclosure of the patent or application provides written description of the subject matter of the claim, and
    • (3) Where applicable, a copy of the claims annotated according to paragraph (b) of this section.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (b)(2) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]