Replacement May Not Be Recognized
Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
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2407.06 Replacement May Not Be Recognized [R-07.2015]
37 CFR 1.805(i) indicates that the Office will not recognize in any Office proceeding a replacement deposit made by the patent owner where the depository could furnish samples of the original deposit being replaced. The best evidence of what was originally deposited should not be lost through destruction or replacement if made in association with an existing patent. A supplemental deposit may be accepted in an Office proceeding, however, depending on the circumstances in each case.