Comments on Question 2

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QUESTION 02:
     Should the PTO adopt a standard application format? If so, what
     portions of the application papers should the PTO require be
     submitted in a standard size and/or format, and what sanction
     (e.g., surcharge) should be established for the failure to comply
     with these requirements?

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FROM RESPONDENT 001:
     
     NAME:               David E. Craword, Jr. (Reg No. 38,118)
     COMPANY:            ROGERS, HOWELL & HAFERKAMP
                         COUNSELLORS AT LAW
     ADDR-1:             PIERRE LACLEDE CENTER, SUITE 1400
                         7733 F0RSYTH BOULEVARD
     CITY, STATE ZIP:    ST.LOUIS, MISS0URI 63105-1817
     TELEPHONE:          (314) 727-5188
     FAX:
     REPRESENT:          unclear
     

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COMMENT ON QUESTION 02:
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     001-Q02.TXT
     A standard application format is totally unnecessary if the full
     application is published as it should be. If the full application is
     not published, then only those portions which are to be published
     need be in a standard format. Regardless, some standardization of
     font, paper size, and line spacing may be necessary for character
     recognition equipment if electronic transmission is not used.
     However, if transmission via modems or magnetic storage devices is
     used, no standardization is needed.

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FROM RESPONDENT 026:
     NAME: Louis Maassel 
     COMPANY: World Intellectual Property Organization, Geneva, Switzerland 
     ADDR-1: 12716 Buckingham Drive 
     CITY, STATE ZIP: Bowie, Maryland 20715
     TELEPHONE: 301) 464-4306
     FAX: 
     REPRESENT: self
     

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COMMENT ON QUESTION 02:
     It should be noted that the PCT provides in Article 27(1) that "No national law shall require compliance with requirements relating to the form or contents of the international application different      from or additional to those which are provided for in this Treaty and the Regulations." The provisions for the physical requirements for international applications is set forth in PCT Rule 11. The      current USPTO Rules of Practice take these provisions into account. To require international applications entering the USPTO as a designated State to meet different or additional formal requirements      would be contrary to the PCT. Also note that PCT Rule 49.5(j) provides that "No designated Office shall require that the translation of the international application comply with physical requiremen     ts other than those prescribed for the international application as filed." Although the PCT provisions do not control what a patent office may require in a non-international application, it seems t     o be preferable to have only one set of formal requirements for patent applicants to follow and that those requirements be those which are internationally used so that US applicants will not need to      reformat their applications for foreign filing and that foreign applicants need not reformat their applications for filing in the USPTO. It should be ~. noted that the PCT Regulations may be change     d by action of the PCT Assembly, however any substantial change would probably not be acceptable to the 76 other member countries of the PCT who have all changed their requirements to be those of th     e PCT. 
     
     PCT Rule 11.5 requires that the size of all sheets in an international application be A4 (29.7 cm by 21 cm). The USPTO Rules of Practice are more flexible and provide for a range of sizes for nation     al application sheets and drawings. The sanctions under the PCT are that if the receiving Office believes that the international application does not comply with the prescribed formal requirements,      it invites the applicant to correct the defects within a prescribed period, which may be extended, failing which that application shall be considered withdrawn (abandoned in USPTO terminology), (Art     icle 14(1)). 
     
     The PCT also requires that the description, claims, drawings and abstract each commence on a new sheet, (PCT Rule 11.4(a)). No surcharge is made for any corrections of any lack of compliance but a t     ime limit for correction.

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FROM RESPONDENT 041:
     NAME: Frederick S. Burkhart 
     COMPANY: INTELLECTUAL PROPERTY LAW SECTION
       OF THE. STATE. BAR OF MICHIGAN 
     ADDR-1: 306 TOWNSEND STREET 
     CITY, STATE ZIP: LANSING, MICHIGAN 48933
     TELEPHONE: 517-372-9030
     FAX: 
     REPRESENT: association
     

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COMMENT ON QUESTION 02:
     The Patent and Trademark Office should adopt a standard application format, including a standard paper size. Failure to comply with the requirements should not jeopardize the filing date, but result      in a fee. 

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FROM RESPONDENT 019:
     NAME:	Wilmot H. McCutchen, President
     COMPANY:	HOUSTON INVENTORS ASSOCIATION 
     ADDR-1:	
     CITY, STATE ZIP:	HOUSTON, TEXAS
     TELEPHONE:	(713) 957 4344
     FAX:	(713) 868-4104
     REPRESENT:	COMPANY
     

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COMMENT ON QUESTION 02:
     -------
     019-Q02.TXT
     Yes, provided that it is widely published 60 that any college student
     would be able to find out how to file a patent application. Failure
     to comply should not be penalized with a surcharge, but the applicant
     should be informed of the consequences of informality Included in
     this standard application format would be a Notice of Pending
     Application substantially like Appendix "A".

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FROM RESPONDENT 010:
     NAME:	Scott Weide 
     COMPANY:	QUIRK & TRATOS 
     ADDR-1:	550 E. CHARLESTON BLVD. . SUITE D 
     CITY, STATE ZIP:	LAS VEGAS NEVADA 89104
     TELEPHONE:	(702) 386-1778
     FAX:	
     REPRESENT:	firm
     

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COMMENT ON QUESTION 02:
     -------
     010-Q02.TXT
     The PTO should adopt a standard application format. The Office should
     require that the application be submitted on a disc in computer
     readable form (just as with the present comment) OR that the
     application be submitted on paper in a particular form which allows
     for scanning by the Patent Office. If the application is not
     submitted in this form, the applicant should be given the option of
     sending in a fee or correcting the format deficiency in one month or
     have the application deemed abandoned.  

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FROM RESPONDENT 029:
     NAME:	Marcia H. Sundeen
     COMPANY:	PENNIE & EDMONDS 
     ADDR-1:	1701 Pennsylvania Avenue, N.W.
     CITY, STATE ZIP:	Washington, D.C. 20006-4706
     TELEPHONE:	(202) 393-0177
     FAX:	(202) 393 0462
     REPRESENT:	PTO Relations Committee
     

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COMMENT ON QUESTION 02:
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     029-Q02.TXT
     The majority of the Committee did not object to the PTO's adoption of
     a standard application format. It was suggested that the PCT format
     would be suitable. Consideration should be given to the submission of
     the data in electronic form such as on a diskette, in a manner
     similar to that used for the submission Sequence information. 

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FROM RESPONDENT 033:
     NAME:	TOM EASTEP
     COMPANY:	THE ALLIANCE FOR AMERICAN INNOVATION 
     ADDR-1:	1100 Connecticut Ave. NW, Suite 1200
     CITY, STATE ZIP:	Washington, D.C 20036-4101
     TELEPHONE:	202-293-1414
     FAX:	202-467-5591
     REPRESENT:	ALLIANCE FOR AMERICAN INNOVATION
     

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COMMENT ON QUESTION 02:
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     033-Q02.TXT
     A STANDARD APPLICATION FORMAT IS NOT NECESSARY.

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FROM RESPONDENT 008:
     NAME: Gabriel P. Katona
     COMPANY: 	Schweitzer Cornman & Gross
     		Attorneys at Law
     ADDR-1:	230 Park Avenue
     CITY, STATE ZIP:	New York, New York 10169-0059
     TELEPHONE: (212) 986-3377
     FAX: (212) 986-6126
     REPRESENT: unclear
     

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COMMENT ON QUESTION 02:
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     008-Q02.TXT
     In keeping with the objective of user-friendliness, there should be
     no requirement for any standardized application format That negative
     conclu- sion, however, needs to be tempered with any meaningful cost
     saving consider- ations.

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FROM RESPONDENT 004:
     NAME:     Michael H. Minns
     COMPANY:  INGERSOLL-RAND COMPANY
               Patent Department
     ADDR-1:   942 Memorial Parkway
     CITY, STATE ZIP:    Phillipsburg, NJ 08865
     TELEPHONE:     (908)859-7700
     FAX: (908) 859-7707
     REPRESENT:     self
     

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COMMENT ON QUESTION 02:
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     004-Q02.TXT
     A standard format should be adopted including standard paper sizes,
     claims on a separate page, standard margins and spacing. An
     application which does not comply with the standard format can be
     handled in accordance with 37 C.F.R  1.53(c) or (d).

Last Modified: March 1995