Q) Digital Media for Gene Sequence (MPEP 2400, Biotechnology)

by patentbar on May 11, 2007 · 5 comments

in Exam Questions

Note: Applicants must provide 1) a paper copy of the sequence, 2) a computer-readable copy of the sequence, and 3) a statement that the paper copy and computer readable copy are identical with an application that discloses nucleotide and/or amino acid sequence. (See Biotechnology MPEP 2400)

Test takers report a question regarding how many and what kind of digital media you can submit with a gene sequence.

  1. Diskette
  2. Magnetic tape
  3. 8mm Data Cartridge
  4. Compact disc
  5. Magneto Optical Disk
2421.02 Summary of the Requirements of the Sequence Rules
Basically, the sequence rules define a set of symbols and procedures that are both mandatory and the only way that an applicant is permitted to describe information about a sequence that falls within the definitions used in the rules. Thus, 37 CFR 1.821 defines a “sequence” and a “Sequence Listing” for the purpose of the rules, the requirements for specific symbols, and formats for the “Sequence Listing,” the requirement for a computer readable form (CRF) of the “Sequence Listing,” and the deadlines for complying with the requirements. 37 CFR 1.822 to 37 CFR 1.824 set forth detailed descriptions of the requirements that are mandatory for the presentation of sequence data, and 37 CFR 1.825 sets forth procedures that are available to an applicant in the event that amendments to the sequence information or replacement of the computer readable copy become necessary. The sequence rules embrace all unbranched nucleotide
§ 1.824 Form and format for nucleotide and/or amino acid sequence submissions in computer readable form.
(a) The computer readable form required by § 1.821(e) shall meet the following requirements:
(1) Diskette: 3.50 inch, 1.44 Mb storage; 3.50 inch, 720 Kb storage; 5.25 inch, 1.2 Mb storage; 5.25 inch, 360 Kb storage.
(2) Magnetic tape: 0.5 inch, up to 24000 feet; Density: 1600 or 6250 bits per inch, 9 track; Format: Unix tar command; specify blocking factor (not “block size”); Line Terminator: ASCII Carriage Return plus ASCII Line Feed.
(3) 8mm Data Cartridge: Format: Unix tar command; specify blocking factor (not “block size”); Line Terminator: ASCII Carriage Return plus ASCII Line Feed.
(4) Compact disc: Format: ISO 9660 or High Sierra Format.
(5) Magneto Optical Disk: Size/Storage Specifications: 5.25 inch, 640 Mb.
1 patentbarNo Gravatar December 18, 2007 at 10:06 pm

Exam question – One on Nucleotide Sequence
The application has nucleotide sequences in it as a drawing. What are the requirements for entering the sequence for search purposes. I chose the answer where you just have to enter a CRF for the search requirement.
In studying this ahead of time, I surmised that there can be two situations:
1) Paper sequence in the application + CRF (one copy) OR
2) Sequence in the application on CD (two copies ) + CRF (one copy) = total of 3
Not sure if that is correct.

2 PHOSITANo Gravatar March 9, 2011 at 5:59 pm

Small correction regarding patentbar’s item (2):
Per § 1.821(c) Patent applications which contain disclosures of nucleotide and/or amino acid sequences must contain, as a separate part of the disclosure, a paper or compact disc copy (see § 1.52(e))….” The reference to § 1.52(e)(4) states: “Any compact disc must be submitted in duplicate unless it contains only the “Sequence Listing” in computer readable form required by § 1.821(e).”

Viewing that in relation to § 1.821(e) (“A copy of the “Sequence Listing” referred to in paragraph (c) of this section must also be submitted in computer readable form (CRF) in accordance with the requirements of § 1.824.”), leads me to conclude that only 1 CD must be submitted (plus some other CRF), but two could be submitted (one fulfilling part (c) and the other for part (e)).

3 maggieNo Gravatar September 14, 2011 at 4:08 am

I guess no one has been getting this question?

4 lilyNo Gravatar December 12, 2011 at 1:58 pm

seriously. whats a magnetic tape? 8mm data cartridge?

5 mayteaNo Gravatar February 15, 2016 at 9:55 am

I can not find support in the MPEP for this anywhere.

I see a lot of references to search for magentic tape to find the answer, but that was not help.

It is clear that all answers can be used for electronic submissions, so not sure what is special about gene sequence.

The best I can find is a Gene sequence can be on CD, but can not find that the others are excluded.

Previous post:

Next post: