608.02(h) Replacement Drawings [R-9]
When an amendment is filed stating that replacement sheets of drawings are filed with the amendment and such drawings have not been transmitted to the Technology Center (TC), the technical support staff in the TC should attempt to locate the missing drawings. In the next communication of the examiner, the applicant is notified if the drawings have been received and whether or not the replacement drawings have been entered in the application. If the replacement drawings are not entered, the examiner should give the applicant a concise and complete explanation as to why the drawings were not entered.
The examiner should not overlook such factors as new matter, the necessity for the replacement sheets and consistency with other sheets. The technical support staff will routinely enter all replacement sheets in the contents of the application. If the examiner decides that the sheets should not be entered, the examiner should provide the applicant with the complete, explicit reasoning for the denial of entry. The entries made by the technical support staff will be marked "(N.E.)."
Form paragraph 6.37 may be used to acknowledge replacement drawing sheets.
¶ 6.37 Acknowledgment of Replacement Drawing Sheets
The drawings were received on [1]. These drawings are [2].
Examiner Note:
1. In bracket 2, insert either --acceptable-- or --not acceptable--.
2. If not acceptable because of noncompliance with 37 CFR 1.121 (d), an explanation must be provided. Form PTOL-324 may be used instead of this form paragraph to provide the explanation.
Alternatively, PTOL-326 Office Action Summary includes a block for acknowledgment of replacement drawings.
For return of drawing, see MPEP § 608.02(y).