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859 Official Gazette of the United States Patent and Trademark Office 1 (1969)

handle is hein.intprop/uspagaz0461 and id is 1 raw text is: U.S. DEPARTMENT OF COMMERCE OFFICIAL GAZETTE of the UNITED STATES PATENT OFFICE February 4, 1969 Volume 859 PATENTS NOTICES Board of Appeals Decisions Rendered in the Month of December 1968 Examiner affirmed -------------------------------- 82 Examiner affirmed in part -------------------------- 14 Examiner reversed -------------------------------- 36 Total -------------------------------------- 132 Reduction in Patent Application Disclosure Request for Comments A joint committee comprising representatives of the Patent Office, the American Bar Association and the American Patent Law Association was established in September 1968 for pur- poses of investigating ways in which patent application dis- closures could be improved and in particular ways in which the disclosures could be reduced. In the course of committee deliberations a number of proposals were generated. Those that appeared to be most practical and to hold most promise for early implementation have been compiled in the form of proposed Guidelines for Preparation of Patent Application Disclosures. The guidelines are set forth below for review and comment. All persons who desire to present their views, objections, recommendations or suggestions in connection therewith are invited to do so by forwarding the same to the Commissioner of Patents, Washington, D.C., 20231 on or before March 31, 1969. No hearing will be scheduled. GUIDELINES FOR PREPARATION OF PATENT APPLICATION DIsCLosURES Applications for patents frequently contain descriptive and illustrative material in excess of that required by 35 U.S.C. 112. If such material were to be excluded from the applica- tion tri-fold benefits should accrue: 1. The time and costs involved in the preparation of an application should be reduced. 2. Examination time should be less. 3. There should be a reduction in patent printing costs. In an effort to reduce such excesses, at least In part, the following guidelines, relating to preparation of patent appli- cations, have been promulgated. Drawing The illustration on the drawing should be restricted to the invention disclosed in the application. Old and known subject matter should be omitted unless essential for establishment of environment or for a clear understanding of the Invention. If disclosure of the latter type is essential it should be pre- sented in skeleton or phantom form if possible. Reference nu- merals for such material should be held to a minimum. Conventional sub-assemblies should be shown in block form with appropriate legends, or by means of standard drawing symbols, in instances where detailed disclosure is not essen- tial for a proper understanding of the invention. If there is doubt as to whether or not symbolical representation is ap- propriate, reference should be made in the descriptive mate- rial to a patent or publication which will support the position that the item so illustrated is conventional with the under- standing that the supporting document or the appropriate portion thereof will be made available upon demand. Flow diagrams should be treated in a similar manner. Shading should be provided on the drawing only if essen- tial for Illustrating contours or showing specific relationships between structural parts. Test-can the invention be clearly understood in the absence of shading? Multiple Inventions, Species, etc. Disclosures in divisional and other types of dependent ap- plications carved from basic or parent application as well as those In the parent application should be restricted to the respective claimed Inventions, or as an alternative the de- pendent application may be printed with the customary iden- tifying information, an abstract, and the claims. The alter- native printing should include proper reference to the parent document. The abbreviated printing should be used only if the parent precedes the dependent application in issue. (A copy of the parent or basic patent would be supplied along with the abbreviated patent in response to orders for the latter.) Cancellation of Descriptive Material Descriptive material deemed superfluous or unessential for a clear understanding of the disclosed invention should be omitted, however, if such material is presented in the appli- cation, the Examiner should require cancellation in the first Office action. This will provide applicant with an opportunity to traverse the requirement prior to final rejection. Cancella- tion may be deferred until the presence of allowable subject matter is indicated by the Examiner. Laudatory language, exhaustive descriptions of prior art, unessential statements of objects and lengthy statements of environment should be omitted from, or reduced to bare essen- tials in the application descriptive material. Lengthy descrip- tions of items that are obvious and well known to those skilled in the art should be avoided. A mere statement that such items are known and conventional should be adequate in most instances, however, if doubt exists reference may be made to disclosures in specific documents for support. Like- wise lengthy descriptions regarding use should be avoided. Procedures for testing should not ordinarily be described. Biological studies and case histories should ordinarily not be included in the descriptive material since they can be pre- sented in affidavit form. Objects-Abstracts-Summary State the primary object of the invention and if essential a limited number of secondary objects-all should be brief. The abstract and statement of object(s) appear to satisfy the requirements in Rules 73 and 77, a separate summary is deemed unnecessary. New Applications Received During November 1968 Patents --------------------------------------- 7821 Designs --------------------------------------- 468 Plant Patents ---------------------------------- 3 Reissues ------------------------------------- 8 Total ----------------------------------- 8300 Issue-February 4, 1969 Patents - 1300-No. 3,425,060 to No. 3,426,359, incl. Designs ------- 19-No. 213,284 to No. 213,302, incl. Total - ---- 1319 1 Number 1

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