MPEP App. AI, Section 804 – Notification of Receipt of an Observation to the Applicant and Comments by the Applicant in Response to an Observation

(a) Where sequence listings and/or tables are filed only in electronic form under Section 801 (a)(i), the record copy for the purposes of Article 12 shall, subject to Sections 702 (c) and 705bis, consist of those elements of the international application filed on paper together with the sequence listings and/or tables filed in electronic form.
(b) Where sequence listings and/or tables are filed both in electronic form and on paper under Section 801 (a)(ii), the record copy for the purposes of Article 12 shall, subject to Sections 702 (c) and 705bis, consist of all the elements of the international application filed on paper, including the sequence listings and/or tables filed on paper.
(c) Where sequence listings and/or tables are filed in electronic form under Section 801 (a)(i) or (ii) in less than the number of copies required for the purposes of this Section, the receiving Office shall either:
1. (i) promptly prepare any additional copies required, in which case it shall have the right to fix a fee for performing that task and to collect such fee from the applicant; or
2. (ii) invite the applicant to promptly furnish the additional number of copies required, accompanied by a statement that the sequence listings and/or tables in electronic form contained in those copies are identical to the sequence listings and/or tables in electronic form as filed;
provided that, where those sequence listings and/or tables were also filed on paper under Section 801 (a)(ii), the receiving Office shall not, notwithstanding Rule 11.1 (b), require the applicant to file additional copies of the sequence listings and/or tables on paper.
(d) Where the sequence listings and/or tables are filed under Section 801 (a)(i), the receiving Office shall, subject to Sections 702 (c) and 705bis, in addition to proceeding under Section 305 with respect to the parts of the international application filed on paper:
1. (i) mark the words "RECORD COPY— SEQUENCE LISTINGS AND/OR TABLES" on the original electronic medium containing the sequence listings and/or tables part in electronic form and transmit that part of the record copy to the International Bureau together with the paper part of the record copy;
2. (ii) mark the words "SEARCH COPY— SEQUENCE LISTINGS AND/OR TABLES" on one additional copy of the electronic medium containing the sequence listings and/or tables in electronic form and transmit that part of the search copy to the International Searching Authority, for the purposes of Rule 13ter.1, together with the paper part of the search copy;
3. (iii) mark the words "HOME COPY— SEQUENCE LISTINGS AND/OR TABLES" on the other such copy of the electronic medium containing the sequence listings and/or tables in electronic form and keep that part of the home copy in its files together with the paper part of the home copy.
(e) Where the sequence listings and/or tables are filed under Section 801 (a)(ii), the receiving Office shall, subject to Sections 702 (c) and 705bis, in addition to proceeding under Section 305 with respect to the parts of the international application filed on paper:
1. (i) mark the words "RECORD COPY— SEQUENCE LISTINGS AND/OR TABLES" in the upper left-hand corner of the first page of the sequence listing and of the first page of the first table filed on paper and transmit that part of the record copy to the International Bureau together with the paper part of the record copy; it shall also mark the words "COPY FOR INTERNATIONAL BUREAU— SEQUENCE LISTINGS AND/OR TABLES" on one copy of the electronic medium containing the sequence listings and/or tables in electronic form and transmit that copy with the record copy;
2. (ii) mark the words "SEARCH COPY— SEQUENCE LISTINGS AND/OR TABLES" on one additional copy of the electronic medium containing the sequence listings and/or tables in electronic form and transmit that part of the search copy to the International Searching Authority, for the purposes of Rule 13ter.1, together with the paper part of the search copy;
3. (iii) mark the words "HOME COPY— SEQUENCE LISTINGS AND/OR TABLES" on the other such copy of the electronic medium containing the sequence listings and/or tables in electronic form and keep that part of the home copy in its files together with the paper part of the home copy.
(f) The receiving Office may, when marking the copies referred to in paragraphs (d) and (e), use, instead of the words referred to in those paragraphs, the equivalent of those words in the language of publication of the international application.