¶ 24.03    No Sequence Listing part of the disclosure and Defective CRF

Specific deficiency - This application fails to comply with the requirements of 37 CFR 1.821  - 1.825  because it does not contain a "Sequence Listing" as a separate part of the disclosure and the CRF is defective.

    Required response - Applicant must provide:

  • • A "Sequence Listing" part of the disclosure, as described above in item 1); together with
  • • An amendment specifically directing its entry into the application;
  • • A statement that the "Sequence Listing" includes no new matter; and
  • • A statement that indicates support for the amendment in the application, as filed, as required by 37 CFR 1.825  and the "Legal Framework."
  • • If the "Sequence Listing" part of the disclosure is submitted according to item 1) a) or b) above, Applicant must also provide:
    • o A substitute specification in compliance with 37 CFR 1.121(b)(3)  and 1.125  inserting the required incorporation-by-reference paragraph, consisting of:
      • - A copy of the previously-submitted specification, with deletions shown with strikethrough or brackets and insertions shown with underlining (marked-up version);
      • - A copy of the amended specification without markings (clean version); and
      • - A statement that the substitute specification contains no new matter.
  • • If the "Sequence Listing" part of the disclosure is submitted according to item 1) b), c), or d) above, Applicant must also provide:
    • o A CRF; and
    • o A statement according to item 2) b) or c) above.

If applicant desires the CRF in this application to be identical with the CRF of another application on file in the U.S. Patent and Trademark Office, such request in accordance with 37 CFR 1.821(e)  may be submitted in lieu of a new CRF (form PTO/SB/93 may be used for this purpose).

Examiner Note:

1. This form paragraph must be preceded by form paragraph 24.01.

2. This form paragraph should only be used for sequence listing non-compliance where a compliant sequence listing is not required for examination of the application.

3. This form paragraph should be used for an application that has no "Sequence Listing" part of the disclosure as required by 37 CFR 1.821(c)  and the CRF as required by 37 CFR 1.821(e)  is defective.

4. This form paragraph may be followed by one or more deficiency form paragraphs.