[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.59]

[Page 52]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
                Subpart B--National Processing Provisions
 
Sec. 1.59  Expungement of information or copy of papers in application file.

    (a)(1) Information in an application will not be expunged and 
returned, except as provided in paragraph (b) of this section. See 
Sec. 1.618 for return of unauthorized and improper papers in 
interferences.
    (2) Information forming part of the original disclosure (i.e., 
written specification including the claims, drawings, and any 
preliminary amendment specifically incorporated into an executed oath or 
declaration under Secs. 1.63 and 1.175) will not be expunged from the 
application file.
    (b) An applicant may request that the Office expunge and return 
information, other than what is excluded by paragraph (a)(2) of this 
section, by filing a petition under this paragraph. Any petition to 
expunge and return information from an application must include the fee 
set forth in Sec. 1.17(h) and establish to the satisfaction of the 
Commissioner that the return of the information is appropriate.
    (c) Upon request by an applicant and payment of the fee specified in 
Sec. 1.19(b), the Office will furnish copies of an application, unless 
the application has been disposed of (see Sec. 1.53 (e), (f) and (g)). 
The Office cannot provide or certify copies of an application that has 
been disposed of.

[62 FR 53188, Oct. 10, 1997, as amended at 65 FR 54667, Sept. 8, 2000]