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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules c
4 A provisional application is not entitled to the right of priority under 35
U.S.C. 119, 365a, or 386a or 1.55, or to the benefit of an earlier filing date under 35 U.S.C. 120, 121, 365c, or 386c or 1.78 of any other application.
No claim for priority under 35 U.S.C.
119e or 1.78a may be made in a design application based on a provisional application. A provisional application disclosing nucleotide and/or amino acid sequences is not required to include a separate sequence listing;
however, if submitted in a provisional application filed on or after January 1, 2022, any submission of biological sequence data must be a Sequence Listing XML in compliance with 1.831 through 1.834.

4. Section 1.77 is amended by revising paragraph b5 to read as follows:
1.77 Arrangement of application elements.

b
5 An incorporation by reference statement regarding the material on the:
i One or more ASCII plain text files, submitted via the USPTO patent electronic filing system or on one or more read-only optical discs see 1.52e8, identifying the names of each file, the date of creation of each file, and the size of each file in bytes, for the following document types:
A A Computer Program Listing Appendix see 1.96c;
B A Sequence Listing see 1.821c; or C Large Tables see 1.58c.
ii eXtensible Markup Language XML file of the Sequence Listing Sequence Listing XML, submitted via an USPTO patent electronic filing system or on one or more read-only optical discs see 1.52e8, identifying the names of each file, the date of creation of each file, and the size of each file in bytes 1.831a.

5. Section 1.121 is amended by revising paragraphs b introductory text and b6 read as follows:
1.121 Manner of making amendments in applications.

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b Specification. Amendments to the specification, other than the claims, Large Tables 1.58c, a Computer Program Listing Appendix 1.96c5
and 7, a Sequence Listing or CRF
1.825, or Sequence Listing XMLs 1.835, must be made by adding, deleting, or replacing a paragraph, by replacing a section, or by a substitute
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specification, in the manner specified in this section.

6 Large Tables, a Computer Program Listing Appendix, a Sequence Listing, or a Sequence Listing XML. Changes to Large Tables, a Computer Program Listing Appendix, a Sequence Listing, or a Sequence Listing XML must be made in accordance with 1.58g for Large Tables, 1.96c5 for a Computer Program Listing Appendix, 1.825 for a Sequence Listing, and 1.835 for a Sequence Listing XML.

6. Section 1.173 is amended by revising paragraphs b1 and d introductory text to read as follows:

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7. Section 1.211 is amended by revising paragraph c to read as follows;

1.211

Publication of applications.

c An application filed under 35
U.S.C. 111a will not be published until it includes the basic filing fee 1.16a or c and any English translation required by 1.52d. The Office may delay publishing any application until it includes any application size fee required by the Office under 1.16s or 1.492j, a specification having papers in compliance with 1.52 and an abstract 1.72b, drawings in compliance with 1.84, a Sequence Listing in compliance with 1.821
through 1.825 if applicable for an application filed before January 1, 2022, a Sequence Listing XML in 1.173 Reissue specification, drawings, compliance with 1.831 through 1.835
and amendments.
if applicable for an application filed on

or after January 1, 2022, and the b
inventors oath or declaration or 1 Specification other than the application data sheet containing the claims, Large Tables 1.58c, a information specified in 1.63b.
Computer Program Listing Appendix 1.96c, a Sequence Listing

1.821c or a Sequence Listing XML 8. Section 1.495 is amended by 1.831a. i Changes to the revising paragraph c5 to read as specification, other than to the claims, follows:
Large Tables 1.58c, a Computer Program Listing Appendix 1.96c, a 1.495 Entering the national stage in the United States of America.
Sequence Listing 1.821c or a

Sequence Listing XML 1.831a, c
must be made by submission of the 5 Translations of a Sequence entire text of an added or rewritten paragraph, including markings pursuant Listing: For international applications having an international filing date to paragraph d of this section, except that an entire paragraph may be deleted before January 1, 2022, a Sequence Listing need not be translated if the by a statement deleting the paragraph, Sequence Listing complies with PCT
without presentation of the text of the Rule 12.1d and the description paragraph. The precise point in the complies with PCT Rule 5.2b. For specification where any added or international applications having an rewritten paragraph is located must be international filing date on or after identified.
January 1, 2022, for purposes of ii Changes to Large Tables, a Computer Program Listing Appendix, paragraph c1i of this section, an English translation is required for any a Sequence Listing, or a Sequence Sequence Listing in XML format Listing XML must be made in containing non-English language values accordance with 1.58g for Large for the invention title/and or any Tables, 1.96c5 for a Computer language-dependent free text qualifiers Program Listing Appendix, 1.825 for in accordance with 1.831 through a Sequence Listing, and 1.835 for a 1.834.
Sequence Listing XML.

9. Section 1.530 is amended by d Changes shown by markings. Any revising paragraph d1 to read as changes relative to the patent being follows:
reissued that are made to the specification, including the claims but 1.530 Statement by patent owner in ex excluding Large Tables, a Computer parte reexamination; amendment by patent Program Listing Appendix, a owner in ex parte or inter partes Sequence Listing, or a Sequence reexamination; inventorship change in ex Listing XML, upon filing or by an parte or inter partes reexamination.
amendment paper in the reissue

application, must include the following d
markings:
1 Specification other than the

claims, Large Tables 1.58c, a
PO 00000

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