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If the amendment under 37 CFR 1.312 adds claims (total and independent) in excess of the number previously paid for, additional fees are required. The amendment is not considered by the examiner unless accompanied by the full fee required. See MPEP § 607 and 35 U.S.C. 41.
Amendments under 37 CFR 1.312 are sent by the Office of Initial Patent Examination (OIPE) to the Publishing Division which, in turn, forwards the proposed amendment, file, and drawing (if any) to the Technology Center (TC) which allowed the application. If an amendment under 37 CFR 1.312 has been filed directly with the TC, the paper should be forwarded to the Publishing Division to be flagged in PALM. The paper and file will be matched and returned to the TC for processing.
In the event that the class and subclass in which the application is classified has been transferred to another TC after the application was allowed, the proposed amendment, file and drawing (if any) are transmitted directly to said other TC and the Publishing Division notified. If the examiner who allowed the application is still employed in the U.S. Patent and Trademark Office but not in said other TC, he or she may be consulted about the propriety of the proposed amendment and given credit for any time spent in giving it consideration.
The amendment is PROMPTLY considered by the examiner who indicates whether or not its entry is recommended by writing "Enter - 312," "Do Not Enter" or "Enter In Part" thereon in red ink in the upper left corner.
If the amendment is favorably considered, it is entered and a Response to Rule 312 Communication (PTO-271) is prepared. The primary examiner indicates his or her recommendation by stamping and signing his or her name on the PTO-271. Form paragraph 7.85 may also be used to indicate entry.
**>The amendment filed on [1] under 37 CFR 1.312 has been entered.
Use this form paragraph both for amendments under 37 CFR 1.312 that do not affect the scope of the claims (may be signed by primary examiner) and for amendments being entered under 37 CFR 1.312 which do affect the scope of the claims (requires signature of supervisory patent examiner). See MPEP § 714.16.
If the examiner's recommendation is completely adverse, a report giving the reasons for nonentry is typed on the Response to Rule 312 Communication form PTO-271 and signed by the primary examiner.
Form paragraph 7.87 may also be used to indicate nonentry.
The proposed amendment filed on [1] under 37 CFR 1.312 has not been entered. [2]
The reasons for non-entry should be specified in bracket 2:
-- The amendment changes the scope of the claims.--; or
-- The amendment was filed in a reissue application and was not accompanied by a supplemental reissue oath or declaration, 37 CFR 1.175(b). --
In either case, whether the amendment is entered or not entered, the file, drawing, and unmailed notices are forwarded to the supervisory patent examiner for consideration, approval, and mailing.
For entry-in-part, see MPEP § 714.16(e).
The filling out of the appropriate form by the technical support staff does not signify that the amendment has been admitted; for, though actually entered it is not officially admitted unless and until approved by the supervisory patent examiner.
See MPEP § 607 and § 714.16(c) for additional fee requirements.
If the 37 CFR 1.312 amendment includes proposed drawing changes which are acceptable, the Office response should include form paragraph 6.48.
Applicant is hereby given ONE MONTH from the mailing date of this letter or until the expiration of the period set in the "Notice of Allowance" (PTOL-85) or "Notice of Allowability" (PTOL-37 or PTO-37), whichever is longer, to file corrected drawings.
Use with the 37 CFR 1.312 amendment notice where there is a drawing correction proposal or request.
The examiner indicates approval of amendments concerning merely formal matters by writing "Enter Formal Matters Only" thereon. Such amendments do not require submission to the supervisory patent examiner prior to entry. See MPEP § 714.16. The Response to Rule 312 Communication form PTO-271 is date stamped and mailed by the TC. If such amendments are disapproved either in whole or in part, they require the signature of the supervisory patent examiner.
See MPEP § 714.16 for treatment of an amendment that consolidates all of the claims in the application in a single paper in accordance with 37 CFR 1.121(c)(3).
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