¶ 24.01.AE    Cover Letter for Use With Notice To Comply With Sequence Rules – Application Under Accelerated Examination

This application contains sequence disclosures that are encompassed by the definitions for nucleotide and/or amino acid sequences set forth in 37 CFR 1.821 (a)(1) and (a)(2). However, this application fails to comply with the requirements of 37 CFR 1.821  through 1.825  for the reason(s) set forth below or on the attached Notice To Comply With Requirements For Patent Applications Containing Nucleotide Sequence And/Or Amino Acid Sequence Disclosures. [1]

Applicant is given ONE (1) MONTH, or THIRTY (30) DAYS, whichever is longer, from the mailing date of this letter within which to comply with the sequence rules, 37 CFR 1.821  - 1.825. Failure to comply with these requirements will result in ABANDONMENT of the application under 37 CFR 1.821 (g). Since this application has been granted special status under the accelerated examination program, NO extensions of time under 37 CFR 1.136 (a) will be permitted.

Direct the reply to the undersigned. Applicant is requested to return a copy of the attached Notice To Comply with the reply.

The objective of the accelerated examination program is to complete the examination of an application within twelve months from the filing date of the application. Any reply must be filed electronically via EFS-Web so that the papers will be expeditiously processed and considered. If the reply is not filed electronically via EFS-Web, the final disposition of the application may occur later than twelve months from the filing of the application.

Examiner Note:

1. Use this form paragraph only for the initial communication to the applicant. Use either form paragraph 24.03 or 24.04 for subsequent communications.

2. In bracket 1, insert how the application fails to comply with the requirements of 37 CFR 1.821  through 1.825.

3. Conclude action with appropriate form paragraph(s) 7.100-7.102.

4. When mailing the Office action, attach a Notice To Comply With Requirements for Patent Applications Containing Nucleotide And/Or Amino Acid Sequence Disclosures, along with a marked-up copy of the Raw Sequence Listing, if any.

5. This form paragraph may only be used in an application filed on or after August 25, 2006, that has been granted special status under the accelerated examination program or other provisions under 37 CFR 1.102 (c)(2) or (d).

6. This form paragraph should not be used for an application that has been granted special status under 37 CFR 1.102 (c)(1) on the basis of applicant’s health or age, or the Patent Prosecution Highway pilot program.