¶ 24.05    The "Sequence Listing" part of the disclosure and the CRF are not the same

Specific deficiency - This application fails to comply with the requirements of 37 CFR 1.821  - 1.825  because the "Sequence Listing" part of the disclosure is not the same as the CRF of the "Sequence Listing" as required by 37 CFR 1.821(e).

Required response - Applicant must provide either:

  • • A substitute "Sequence Listing" as described above in any one of items 1) a), b), c), or d); as well as
  • • An amendment specifically directing its entry into the application;
  • • A statement that the "Sequence Listing" added by amendment includes no new matter;
  • • A statement that indicates support for the amendment in the application, as filed, as required by 37 CFR 1.825, and the "Legal Framework"; and
  • • A statement that the content of the previously-filed CRF is identical to the "Sequence Listing" part of the disclosure added by amendment, where provided under item 1) b), c), or d) (note that where a "Sequence Listing" part of the disclosure is provided under item 1) a), the text file will also serve as the CRF, and the statement of identity is not required);
  • • 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.

OR

  • • A substitute CRF; and
  • • A statement that the content of the CRF is identical to the "Sequence Listing" part of the disclosure, as required by 37 CFR 1.821(f)  and the "Legal Framework."

Examiner Note:

1. This form paragraph must be preceded by 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 in which the "Sequence Listing" part of the disclosure as required by 37 CFR 1.821(c)  is not the same as the CRF as required by 37 CFR 1.821(e).

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