¶ 24.13 Missing or Defective Incorporation by Reference Paragraph
Specific deficiency - The Incorporation by Reference paragraph is missing or incomplete. See item 1) a) or 1) b) above.
Required response – Applicant must provide:
- • A substitute specification in compliance with 37 CFR 1.121(b)(3) and 1.125 inserting the required incorporation-by-reference paragraph, consisting of:
- o A copy of the previously-submitted specification, with deletions shown with strikethrough or brackets and insertions shown with underlining (marked-up version);
- o A copy of the amended specification without markings (clean version); and
- o A statement that the substitute specification contains no new matter.
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 only be used for a sequence listing under 1) a) or 1) b) in form paragraph 24.01, where the incorporation-by-reference paragraph is missing.
4. This form paragraph may be followed by one or more deficiency form paragraphs.