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Essential Material:

MPEP 608

Material is considered necessary if it:

• Is necessary to describe the claimed invention.
• Provides the enabling disclosure of the claimed invention.
• Describes the best mode.

Essential material may be incorporated by reference if it is from:

• A U.S. patent.
• A pending U.S. application.
• An abandoned application less than 20 years old can be incorporated by reference to the same extent as a copending application.

Material not allowed to be incorporated by reference in a U.S. utility patent application includes:

• Essential material from a foreign patent or application.
• Matter from a magazine article.
• A U.S. article that incorporates the material from another patent by reference.

Nonessential material is the background material; it may be incorporated by reference from:

• Patents or applications published in the U.S.
• Publications or foreign patents.
• A prior filed, commonly owned U.S. application.