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1893.03(e) MANUAL OF PATENT EXAMlNlNG PROCEDURE
Note: the determination regarding unity of invention
is made without regard to whether a group of
inventions is claimed in separate claims or as alternatives
within a single claim. The basic criteria for unity
of invention are the same, regardless of the manner in
which applicant chooses to draft a claim or claims.
1893.03(e) Papers Received from the
International Bureau and
Placed in a U.S. National
Stage Application File
The national stage application includes papers forwarded
by the International Bureau and papers from
applicant. Some of the papers from the International
Bureau are identified in this section with a brief note
as to their importance to the national stage application.
Theexaminer should review each such paper and
the important aspect indicated.
THE PAMPHLET
The Pamphlet includes
(A) a cover page withthe applicant/inventor data,
the application data (serial number, filing date, etc.)
and the Abstract (and, if appropriate, a figure of drawing),
(B) the description, claims and drawing parts of
the international application, and
(C) the search report (Form PCT/ISAJ21O):
The cover page is.important as a source of the correct
application data, most importantly the filing date
and priority date accorded to the international application.
If the pamphlet is published in English, applicant
need not submit a copy of the international application
to the Patent and Trademark Office. The Office
will use the description, claims, abstract and drawings
as published in the pamphlet for the U.S. national
stage examination under 35 U.S.c. 371. The description,
claims and drawing parts of the international
application reflect the application subject matter on
the international filing date and are important for
comparison with any amendments to check for new
August 2001 1800-150
matter. The search report reflects the International
Searching Authority's opinion regarding the prior art.
The abstract that appears on the cover page of the
pamphlet will be published by the printing contractor
if the national stage application (1) issues as a United
States Patent or (2) is published as a patent application
publication unless applicant amends the abstract and,
for purposes of the patent application publication,
complies with the requirements for publication. The
burden on the applicant is to comply with PCT Rule
11.4 when the international application is filed. Since
applicant has alreadycomplied with PCT Rule 11.4
by filing the abstract on a separate sheet when the
international application was filed, it is improper for
the examiner of the U.S. national stage application to
require an abstract on a separate sheet during national
stage processing ofthe international application.
THE INTERNATIONAL PRELIMINARY EX­
AMINATION REPORT
If the international application underwent preliminary
examination, the International Preliminary
Examination Report (FormPCT/IPEA/409) reflects
the International Preliminary Authority's non-binding
opinion regarding novelty, inventive step and industrial
applicability. The examiner may adopt any portion
or all of this opinion upon consideration in the
national stage so long as it is consistent with U.S.
practice. The examiner should comment upon the
Report in the first Office action on the merits to reflect
that the Report has been considered. The comment
may be a mere acknowledgement.
THE PRIORITY DOCUMENT
See the discussion in MPEp § 1893.03(c).
NOTIFICATION OF WITHDRAWAL
If the national stage application papers include a
Notification of Withdrawal (PCT/IB/307), the examiner
must check the date of receipt of the 35 U.S.C.
371 requirements (the 371 date) on Form PCTIDOI
EO/903 to be sure that the 371 date is not later than
the date of withdrawal. If it is later, the national stage
application must be returned to the PCT Legal Office
for a decision regarding the propriety of entry into the
national stage.