[Patentpractice] Large Tables ASCII Format

[Rick Neifeld]

As a practical matter, I would explain the situation to the client and
require they place in trust the 11-additional page fees in addition to
other allowance fees, and explain that I would remit any excess unless they
wanted to leave in trust or apply to other matters  And then do whatever
will result in the application not being abandoned of issued with a
defective disclosure.


On Mon, Jun 2, 2025 at 4:15 PM Suzannah K. Sundby via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> I don’t think so… the tables were part of the specification and are
> smaller than the font accepted even for PCT applications, i.e., 6 pt or
> less.
>
>
>
> Suzannah K. Sundby <http://www.linkedin.com/in/ssundby/> *|* Partner
>
> *canady + lortz** LLP* <http://www.canadylortz.com/>
>
> 1050 30th Street, NW
>
> Washington, DC 20007
>
> T: 202.486.8020
>
> F: 202.540.8020
>
> suzannah at canadylortz.com
>
> www.canadylortz.com
>
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> *From:* Carl Oppedahl <carl at oppedahl.com>
> *Sent:* Monday, June 2, 2025 3:11 PM
> *To:* For patent practitioners. This is not for laypersons to seek legal
> advice. <patentpractice at oppedahl-lists.com>
> *Subject:* Re: [Patentpractice] Large Tables ASCII Format
>
>
>
> On 6/2/2025 12:48 PM, Suzannah K. Sundby via Patentpractice wrote:
>
> Facts:
>
> National Phase application was filed with pages and pages of tables
>
> Application allowed.
>
> Got a Notice to Correct Application Papers because font of Tables too
> small
>
> Increasing the font size makes the total pages close to 900 pages, which
> requires 11 ADDITIONAL units of application size fees from what was
> previously paid.
>
> I have the tables in ASCII format (prepared for a CON).
>
> Question: In response to the Notice, can we amend the specification to
> delete the embedded tables and provide in ASCII format (by amending the
> specification to incorporate the ASCII tables)?
>
> I understand extra page fees are calculated as 3 KB = 1 page, which
> significantly decreases the amount of fees to something like 2 additional
> units of application size fees.
>
> I called patent publications (waited over an hour), they transferred me to
> “case resolution team” for post-allowance stuff, who simply said they don’t
> know.  I thus called OPLA and got no one and hence left a message hours
> ago.
>
> I wonder if MPEP § 1893.03(f) would be of any help?  Here is what I filed
> recently in one of my national-phase cases.
>
> Request that Notice to File Corrected Application Papers be withdrawn
> The undersigned has now received a Notice to File Corrected Application
> Papers dated May 28, 2025.
> It is signed by <redacted> in the Publication Branch.
> The Notice says "The figure label for FIG. 6 is not oriented in the same
> direction as the figure." The
> Notice purports to require that the applicant respond with an amendment to
> the drawings.
> The Publication Branch is requested to comply with MPEP § 1893.03(f) which
> says:
>
> The USPTO may not impose drawing requirements during the examination of a
> national stage
> application beyond those imposed by the Patent Cooperation Treaty ( e.g.,
> PCT Rule 11).
>
> The present application is a national phase application. It is thus
> apparent that the Notice to File
> Corrected Application Papers was improper.
> So as to comply with MPEP § 1893.03(f), the Publication Branch is
> requested to withdraw the Notice
> to File Corrected Application Papers.
> Respectfully submitted,
>
>
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-- 
Best regards
Rick Neifeld, J.D., Ph.D.
Neifeld IP Law PLLC
9112 Shearman Street, Fairfax VA 22032
Mobile: 7034470727
Email: RichardNeifeld at gmail.com;
This is NOT a confidential and privileged communication.  If you are not
the intended recipient, please delete this email and notify the sender you
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