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5 Written Questions

5 Matching Questions

  1. Best Mode
  2. Does the disclosure need to point out which of the embodiment is considered best?
  3. 35 USC 112, 6th paragraph
  4. Can a failure to disclose the best mode in the original application be rectified by an amendment?
  5. What are the two requirements for 35 USC 112, 2nd paragraph?
  1. a 1) The claims must set forth the subject matter the applicants regard as their inventions
    2) The claims must particularly point out and distinctly define the metes and bounds of the subject matter that will be protected by the patent.
  2. b No, an amendment cannot rectify a failure to disclose
  3. c The best mode requirement is intended to ensure that the inventor does not disclose less than the most desirable form of his invention. The examiner should assume that the best mode is in fact disclosed, unless evidence arises to the contrary.
  4. d An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
  5. e No, as long as it is among those disclosed

5 Multiple Choice Questions

  1. Examiners should reject claims as prolix only when they contain such long recitations or unimportant details that the scope of the claimed invention is rendered indefinite thereby. Also, when the metes and bounds cannot be determined.
  2. The test for adequate enablement (determined by the Supreme Court) has been a question of whether a person skilled in the art would have to conduct undue experimentation to make and use the invention. Often enablement will not be met because information (that could not be discovered without undue experimentation) is missing about critical parts of an invention, how to obtain those parts, or the relationship between them.
  3. A claim should not be rejected on the ground of "aggregation. (an applicant is entitled to know whether the claims are being rejected under 35 U.S.C. 101, 102, 103, or 112.
  4. Claims are entitled to the foreign priority date of filing date of a provisional application if the foreign or provisional application supports the claims as required by § 112, paragraph 1.
  5. An indefinite claim based on lack of scope

5 True/False Questions

  1. What should be done when an invention cannot be defined in words?1) Rewording
    2) Making inherent function explicit
    3) making explicit material incorporated by reference not new matter

          

  2. Lack of Antecedent BasisReferences in a claim to, for example, "said lever" or "the lever" when there is no previous reference in the claim to a lever creates uncertainty as to what the claim is referring to. A lack of antecedent basis results in indefiniteness, unless the scope of the claim could be reasonably ascertained by a skilled artisan.

          

  3. What evidence is considered in determining the the adequacy of disclosure for compliance with the best mode requirement?1) Claim Terminology
    2) Consistency with Specification or Prior Art
    3) Breath of Scope
    4) Lack of Antecedent Basis
    5) Product and Process

          

  4. Reliance on Filing Date of PatentClaims are entitled to the foreign priority date of filing date of a provisional application if the foreign or provisional application supports the claims as required by § 112, paragraph 1.

          

  5. What actions are not considered new matter?1) Rewording
    2) Making inherent function explicit
    3) making explicit material incorporated by reference not new matter

          

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