719.01 Papers in File Wrapper [R-2]
Papers that do not become a permanent part of the record should not be entered on the "Contents" of the file wrapper. All papers legally entered on the "Contents" of the file wrapper are given a paper number. No paper legally entered on the "Contents" should ever be withdrawn or expunged from the application file, especially a part of the original disclosure of the application, without special authority of the Director. However, 37 CFR 1.59 provides that certain documents may be expunged if they were unintentionally submitted or contain proprietary information which has not been made public and is not important to a decision of patentability. See MPEP § 724. Certain oaths executed abroad may be returned but a copy is retained in the file. See MPEP § 604.04(a). For Image File Wrapper (IFW) processing, see IFW Manual sections 3.3 and 3.4.
Form paragraph 7.214 may be used to notify applicant that papers in an application that has received a filing date ordinarily will not be returned.
¶ 7.214 Papers Not Returned, Pro Se
Papers in an application that has received a filing date pursuant to 37 CFR 1.53 ordinarily will not be returned. If applicant has not preserved copies of the papers, the Office will furnish copies at applicant’s expense. See 37 CFR 1.19 for a list of the current fees. See MPEP § 724.05 for information pertaining to petitions to expunge information.
719.01(a) Arrangement of Papers in File Wrapper [R-2]
Until revision for allowance, the specification, amendments and all other communications from applicant are fastened to the left side (center fold) of the file wrapper. They are in inverse chronological order, that is, the communication with the latest Mail Center "Office Date" is on top. A similar arrangement is followed on the right side, where Office actions and other communications from the Office are fastened, except that the drawing print is always kept on top for the convenience of the examiner.
Where amendments are submitted in duplicate, the copy is destroyed except where the duplicate is received within the time period for reply and the original is late. In this latter situation both copies are placed in the file. The "original" is entered with reference made to the copy.
At allowance, only those papers required by the printer are placed in the left side (center section) of the file wrapper. For Image File Wrapper (IFW) processing, see IFW Manual sections 3.3 and 3.4.
719.01(b) Prints [R-2]
The prints of the drawing are fastened inside the file wrapper by the Office of Initial Patent Examination.
The white paper prints are always kept on top of the papers on the right of the file wrapper. For Image File Wrapper (IFW) processing, see IFW Manual sections 3.3.
All prints and inked sketches subsequently filed to be part of the record should be endorsed with the application number of the corresponding application. Note MPEP § 608.02(m).