608.02(h) Replacement Drawings [R-10.2019]

All sheets of replacement drawings will be routinely entered into the contents of the application. However, the examiner should not overlook such factors as new matter, the necessity for the replacement sheets and consistency with other sheets. 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 previously made will be marked “not entered.”

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 –unacceptable–.
  • 2. Identify any drawing(s) not entered because they contain new matter and explain the correction(s) necessary to obtain entry upon resubmission.
  • 3. If unacceptable 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.

When an amendment is filed stating that replacement sheets of drawings are filed with the amendment and such drawings are not in the IFW, in the next communication by the examiner, the applicant must be notified that replacement drawings do not appear to have been received and thus have not been entered in the application.

Note that drawings will not be returned to the applicant. See MPEP § 608.02(y).