¶ 24.14    Amendment Missing Instruction to Enter the "Sequence Listing" into the Application

Specific deficiency – The "Sequence Listing" has not been entered into the application because the amendment does not direct entry of either the "Sequence Listing" or the required Incorporation by Reference paragraph into the application.

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 where the instruction to enter the "Sequence Listing" into the application is missing.

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