Q) Submitting Tables on CD-ROM

by patentbar on May 14, 2007 · 55 comments

in Exam Questions


Question on submitting 52 tables in CD-ROM. 52 tables were divided into two portions; 1-26 and 27-52. Is this proper? Question about having lots of small tables in your spec. One of the answer choices includes that CD-ROM have to be submitted in duplicate. However, I believe this answer to be misleading because only tables LONGER than 50 pages can be submitted on compact disk.

37 CFR 1.52. Language, paper, writing, margins, compact disc specifications.
[…]
(4) Any compact disc must be submitted in duplicate unless it contains only the “Sequence Listing” in computer readable form required by § 1.821(e). The compact disc and duplicate copy must be labeled “Copy 1” and “Copy 2,” respectively.
608.05(b) < Compact Disc Submissions of Large Tables [R-2]
A single table contained on fifty pages or less must be submitted either as drawings (in compliance with 37 CFR 1.84) or as part of the specification in paper (in compliance with 37 CFR 1.52). A single table contained on 51 pages or more may be submitted on a CD-ROM or CD-R (in compliance with 37 CFR 1.52(e) and 37 CFR 1.58). The presentation of a subheading to divide a large table into smaller sections of less than 51 pages should not be used to prevent an applicant from submitting the table on a compact disc unless the subdivided tables are presented as numerous files on the compact disc so as to lose their relationship to the overall large table.

{ 55 comments… read them below or add one }

1 patentbarNo Gravatar December 17, 2007 at 11:32 pm

52 tables divided onto 2 CD’s. I couldn’t exactly recall for sure if CD’s must be submitted in duplicate. It took me forever to find a verifying statement for that. It would have been so much easier if I had just been confident that CD’s must ALWAYS be submitted in duplicate.

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2 mmmNo Gravatar May 17, 2008 at 4:18 am

If you look at 37 CFR 1.52(e), there is at least one other circumstance (maybe not mentioned in the question) that a set of tables is permitted to be sent on a CD:

(e) Electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application or reexamination proceeding.
(1) The following documents may be submitted to the Office on a compact disc in compliance with this paragraph:
***
(iii) Any individual table (see § 1.58) if the table is more than 50 pages in length, or if the total number of pages of all of the tables in an application exceeds 100 pages in length, where a table page is a page printed on paper in conformance with paragraph (b) of this section and § 1.58(c).

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3 Dan BNo Gravatar March 26, 2009 at 10:18 pm

I got this question – the answer is not to submit on cd. The group does not equal 100 pages. If one table is 50 you can. If a group is more than 100, you can. Not 52 at 1/2 page each.

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4 studierNo Gravatar December 5, 2010 at 4:39 pm

608.05

A single table contained on 51 pages or more >, or
if there are multiple tables in an application and the
total number of pages of the tables exceeds one hundred
pages, the tables< may be submitted on a CDROM

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5 studierNo Gravatar December 5, 2010 at 4:42 pm

608.05

Any computer
program listing may, and any computer program listing having
over 300 lines (up to 72 characters per line) must, be submitted on
a compact disc in compliance with § 1.52(e).

If the computer
program listing is contained in 300 lines or fewer, with each
line of 72 characters or fewer, it may be submitted either as drawings
or as part of the specification.

6 BulldozerNo Gravatar March 30, 2009 at 11:37 pm

This question should be amended to include the information that each table is less than 1/2 page in length. If the PTO allows tables more than 50 pages in length, then with only 52 tables you have much less than 50 pages in length.

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7 BobNo Gravatar April 15, 2010 at 5:25 pm

I saw this question on my test last week. The question asks about 52 “tables” but does not say anything about the number of pages. The answer I put was that the applicant may submit the tables on a CD-ROM if the total number of pages of all the tables exceeds 100 pages. MPEP 608.05

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8 mdavis68No Gravatar April 15, 2010 at 8:11 pm

2003 APR AM

47. Practitioner prepared a patent application containing a table of 52 pages and a computer program listing of 360 lines (up to 72 characters per line). The application is sent via the U.S. Mail to the USPTO. Which of the following identifies the proper submission using electronic media in accordance with USPTO rules and procedure?

(A) The computer program listing must be submitted on a duplicate set of compact discs, while the table may be submitted on a duplicate set of compact discs.
(B) The computer program listing may be submitted on a magnetic floppy disc and the rest of the application must be submitted on paper.
(C) The computer program listing and the table may be submitted on a magnetic floppy disc, magnetic tape or paper.
(D) The table must be submitted, and optionally the computer program listing may be submitted, on either magnetic floppy disc, compact disc, magnetic tape.
(E) The entire application may be sent on a single copy of a compact disc.

Explanation:
The model answer is choice (A). MPEP § 608.05 and § 608.05(a) and (b), computer program listing of more than 300 lines (up to 72 characters per line) must be submitted on a compact discs. See 37 C.F.R. §§ 1.96(c) and 1.52(e). Tables over 50 pages and computer program listings of any size under 300 lines (up to 72 characters per line) may be submitted on compact disc. If the table and/or computer program listing is submitted on compact disc then a duplicate copy of each compact disc must also be submitted. Answer B is incorrect since only CD-R and CD-ROM are acceptable media for submitting computer program listing not floppy discs; and it is applicant’s option to file the table on CD-R/CD-ROM media rather than paper. Answer C is incorrect since only CD-R and CD-ROM are acceptable media for submitting computer program listings of over 300 lines, not floppy discs, magnetic tape or paper. Answer D is incorrect because it is not mandatory to submit tables over 50 pages on compact disc while it is mandatory to submit computer program listings over 300 lines (up to 72 characters per line) on compact disc. Also, only CD-R and CD-ROM are acceptable media for submitting computer program listings and tables, not floppy discs, magnetic tape or paper. Answer E is incorrect because only tables over 50 pages, computer program listings and genomic sequence information may be filed on compact disc. 37 C.F.R. § 1.52(e). Also, the compact disc must be provided in duplicate.

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9 JustinNo Gravatar March 2, 2011 at 5:36 pm

Had this exact question on submitting 52 tables (1/2 page each) in CD-ROM. 52 tables were divided into two portions; 1-26 and 27-52. I selected the answer that required duplicate tables.

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10 DNo Gravatar March 27, 2011 at 12:18 pm

Doesn’t 37 CFR 1.52(e)(1)(iii) specifically preclude this type of data from being submitted on CD?

If the 52 tables were each 2 pages in length, they would satisfy the 100pg total length requirement.

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11 DNo Gravatar March 27, 2011 at 12:26 pm

From 608.05(b):

“6.63.01 CD-ROM/CD-R Requirements (Table Listing in Specification)
The description portion of this application contains a table consisting of less than fifty one (51) pages only on a CD-ROM or CD-R. In accordance with 37 CFR 1.52(e), only a table of at least fifty one (51) pages may be submitted on a CD-ROM or CD-R. Accordingly, applicant is required to cancel the references to the CD-ROM/CD-R table appearing in the specification on pages[1], file a paper version of the table in compliance with 37 CFR 1.52 and change all appropriate references to the former CD-ROM/ CD-R table to the newly added paper version of the table in the remainder of the specification.
Examiner Note:
1.
This form paragraph must be used whenever a table on a CDROM
or CD-R consisting of less than fifty one (51) pages as part of the descriptive portion of the specification is filed on or after September 8, 2000. See MPEP § 608.05(b).
2.
In bracket 1, insert the range of page numbers of the specification
which reference the table.”

12 ELSNo Gravatar March 7, 2011 at 10:29 am

Saw this one yesterday, answer I chose had something to do with the CDs being submitted in duplicate.

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13 BeckerNo Gravatar May 17, 2011 at 3:08 pm

I got this question 5/16/2011.

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14 SarahNo Gravatar May 18, 2011 at 3:36 pm

Got this today 5/18/11

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15 JenniferNo Gravatar June 2, 2011 at 2:55 pm

You got the one that has the 52 separate tables totaling 100 pages? Or the same question from the 2003 April AM exam? If the total page count is over 100, then MAY you submit a CD (always in duplicate) or MUST you? Thanks…

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16 BenNo Gravatar June 2, 2011 at 11:21 pm

got this one on 6/2/11

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17 zaoNo Gravatar June 3, 2011 at 12:45 am

ben could you please post the questions you remember from 6-02-11. I hope your exam went well.

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18 zaoNo Gravatar June 3, 2011 at 12:50 am

and thank you for all your contribution to this site

19 mmmNo Gravatar June 8, 2011 at 11:21 am

i definitely got this one too on June 2nd

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20 GregoryNo Gravatar June 8, 2011 at 2:52 pm

got this question 6/3/2011 and it sucks! The MPEP says tables less than 50 pages do not need to be submitted on duplicate CDs, I spent a few minutes just being upset with the poor answer choices.

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21 TJLNo Gravatar August 18, 2011 at 11:21 pm

Saw this 8/18. Answered to not submit to CD.

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22 sevalleyNo Gravatar August 24, 2011 at 4:37 pm

Got a variation of this on 8/22. It had the tables split up into 2 and placed on various forms of digital media, did not mention how many pages. I don’t remember the exact facts but the question was which of the answer choices is NOT correct; I quickly chose the one which said to submit only ONE copy of the cd rom. I passed.

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23 SolNo Gravatar April 5, 2012 at 2:28 pm

this is just plainly wrong. Always CD in duplicate except sequenc listings.

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24 JamieNo Gravatar June 29, 2012 at 9:43 pm

according to 1.52(e)(4), CD containing tables or computer program listing should be submitted in duplicate while CD containing only sequence listing should be one copy. Is it correct?

25 ntlNo Gravatar September 7, 2011 at 8:44 am

Got this one on 09/06/11.

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26 maggieNo Gravatar September 14, 2011 at 1:45 am

The question was 52 tables (1/2 page each) in CD-ROM. ???

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27 maggieNo Gravatar September 14, 2011 at 2:02 am

(1) A single table contained on 51 pages or more
(2) Multiple tables in an application and the total number of pages of the tables exceeds one hundred pages,

(1) or (2) May be submitted on a CD-ROM or CD-R (in compliance with 37 CFR 1.52(e).
37 CFR 1.52(b) COMPACT DISK REQUIREMENTS Any compact disc must be submitted in duplicate unless it contains only the “Sequence Listing ”
The compact disc and duplicate copy must be labeled “Copy 1” and “Copy 2,” respectively.

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28 dlbNo Gravatar September 21, 2011 at 6:45 pm

So what is the correct answer?

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29 DannyNo Gravatar September 22, 2011 at 3:13 pm

The correct answer is that it must meet the requirements of the MPEP. That is, it has to be one hundred pages, and must be supplied with a copy. Clearly.

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30 KenNo Gravatar October 9, 2011 at 7:56 am

Got a VARIANT on 10/8: 51 tables, each no more than 1/2 page long, tables 1-25 submitted on one CD and tables 26-51 submitted on another CD.

I chose the answer that talked about how a duplicate of each CD is required.

I passed by having a general idea about things and reading as many repeats and new questions on this site for 5 days prior to the test. I love you guys!!!

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31 JamecamNo Gravatar October 30, 2011 at 10:11 pm

I saw a variant of this question on 10/29/2011. The facts stated that a practitioner submitted 52 tables via CD ROM. Each table was only half of a page in length.

I chose the answer that said the submission was improper because no individual table was more than 50 pages and the sum of all tables was not over 100 tables.

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32 maggieNo Gravatar November 8, 2011 at 12:03 am

Yes, this Q was checked by Zao at PTO that is correct answer

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33 KFNo Gravatar November 2, 2011 at 3:07 pm

Any consensus between Jamecam and Ken above? Seems they both had the same Q but picked different answers…

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34 TSBNo Gravatar November 7, 2011 at 2:44 pm

Jamecam is correct:
1.52e (1)(iii): you can submit on CD only table > 50 pages or if total number of pages > 100
1.52 e (4): Any compact disc must be submitted in duplicate unless it contains only the “Sequence Listing” in computer readable form required by § 1.821(e). The compact disc and duplicate copy must be labeled “Copy 1” and “Copy 2,” however this assumes 1.52 e (1) is satisfied.

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35 RickyNo Gravatar November 7, 2011 at 6:17 pm

yes u are right. An easy way to remenber this:

computer program >300 lines, since it is computer related, MUST in CD.

tables > 50 pages, not computer related, you are not required but MAY submit it in CD.

36 AlfredoNo Gravatar January 24, 2012 at 12:44 pm

Got this 1/23/12

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37 AnnaNo Gravatar February 24, 2012 at 1:31 pm

Got this on 2/4/12

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38 KillianRedNo Gravatar March 17, 2012 at 5:45 pm

Got this on 3/17/12

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39 MNGirlNo Gravatar March 20, 2012 at 12:21 am

Got this 3/19/12. Ken’s variant. I chose the answer where CDs must be submitted in duplicate. The other answer I was waffling between was that Cds MAY be submitted, but I went with the option that they MUST be submitted. I passed. :)

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40 SolNo Gravatar April 5, 2012 at 2:34 pm

Cannot be submitted in CD because no table is >50 pages or the total pagesof all tables >100

If table is >50 pages or the total pagesof all tables >100, you have a choice of CD or still paper. If CD, duplicate.

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41 Nick KNo Gravatar April 24, 2012 at 11:47 am

Got this today. 4/24/2012

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42 RTNo Gravatar May 11, 2012 at 11:57 am

Got a close variant 5-10-12

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43 Miss_ANo Gravatar May 22, 2012 at 8:51 am

Got a close variant 5/22/12. Answer should be something like “no need to submit on CD rom, and the original submission should be 2 copies of each anyway.”
Passed!

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44 LaurenNo Gravatar May 24, 2012 at 11:52 am

Got this 5/23, same as Miss_A. 51 tables, half page in length and they were submitted on CD. Answer was this was wrong because there was no need and should be submitted in duplicate anyway.

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45 JAYNo Gravatar June 26, 2012 at 2:42 am

I got this question 06/25/12.

The facts is that a practitioner submitted 52 tables via CD ROM. Each table was only half of a page in length.

Correct answer is that it is improper b/c total pages are less than 50.

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46 DudeNo Gravatar August 20, 2012 at 5:33 pm

Had this one today, same as Jay.

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47 fluidNo Gravatar September 23, 2012 at 8:54 am

I had it 9/22/2012. Same as Jay.

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48 MojoNo Gravatar September 23, 2012 at 5:57 pm

Had this on 9/23

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49 RandomNo Gravatar October 15, 2012 at 8:23 pm

Had this on 10/15, dealt with 52 tables 1/2 page in length.

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50 bubzkiNo Gravatar December 11, 2012 at 8:09 am

Had this on 12/10

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51 TimsvagNo Gravatar February 14, 2013 at 1:31 pm

Had this one on 2/12/13

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52 QuinnNo Gravatar March 18, 2013 at 10:37 am

Timsvag, since you’re the most recent test taker, may I ask if on your exam most of the questions came from this compilation/old exams, or was there a lot of new material such as Bilski, KSR, etc? Because I’m under the impression it’s all still in beta testing? Thank you very much.

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53 tomásNo Gravatar March 26, 2013 at 4:37 pm

I ditto Quinn’s question, Timsvag.

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54 MehNo Gravatar August 5, 2013 at 4:37 pm

Got this one today, 8/5/2013, MPEP 8R9

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55 VinoNo Gravatar November 21, 2013 at 10:15 pm

Had this on 11/14

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