when an inventor submits a new idea to be patented without help from a patent attorney it should be automatically placed into the correct category. Either Utility Patent, if it is truly a utility patent, or Design patent, if that is truly what it is. This would save a lot of time and money on everyone's part.
For instance, I submitted my provisional application for an idea on my own and because i thought that i had to describe the chemical compound inside of the design patent, it was signed to be a utility patent by the USPTO. It took me two years to complete the entire process, by myself, and a few appeals from the Examiners decisions, just to have to figure out that my invention had been submitted under the wrong category. I suppose that , ethically speaking, the examiner wasn't allowed to tell me this simple fact. So, is it possible to know which category to file under, if the simple outter design of a former patent is submitted to be a new patent, without changing the inner chemical balance, without it being unethical by the Examiner to give out that information?