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5 Written questions

5 Matching questions

  1. Suspension of action may by an APPLICANT (new) [1.103(d)]
  2. Revival of Abandoned Applications
  3. Requirements for Information
  4. Abandonment of an application
  5. Order of Examination
  1. a Application are examined in order in which they are filed in the US. (Applications are examined on a first come, first served basis)
  2. b Examiner may require the submission of information that is reasonably necessary to properly examine or treat the matter (including: reissues, patents, reexams)
  3. c Can occur...sometimes
  4. d 1) Failure to Reply
    2) Express Abandonment
    3) Termination of Proceedings
  5. e 1) Deferral of examination of application
    2) max of 3 years from earliest filing date from which benefit is claimed
    3) fees
    4) won't be granted after mailing of office action or notice of allowance
    5) must be in condition for publication
    6) no non-publication request
    7) regular (utility) and plant apps or internationa app that entered national stage--on or after Nov. 29, 2000

5 Multiple choice questions

  1. 1) submission must meet requirement of section 1.111 in order to continue prosecution.
    Payment of the fee for an RCE does NOT toll the running of any time period set for reply.
  2. 1) application is under appeal
    2) last office action is final
    3) notice of allowance
    4) Another action that closes prosecution
  3. 1) Prosecution must be CLOSED
    2) Applicant must request RCE by filing submission and fee PRIOR TO the earliest of payment, abandonment, and filing notice of appeal
    3) RCE is entitled to benefit of a certificate of mailing (CPAs are not)
    4) A request for a CPA filed in an app having a filing date on or after May 29, 2000 for which CPA practice is not available (utility) will be treated as RCE
  4. 1) Adding new matter to an application (must use a CIP for that)
    2) Provisionals
    3) Design applications
    4) Patents under reexaminations (reissues are fine)
    5) Patents and international application filed before June 8, 1995
    6) Application after the filing of notice of appeal or civil suit unless appeal or suit is terminated while application is still pending
  5. A final rejection can be the first action in a continuing or substitute application, if all claims are to the same invention as the parent application and could have been finally rejected in parent.

5 True/False questions

  1. There is no unrestricted right to entry of amendments after final rejection unless what five conditions occur?received by PTO before first OA is mailed

          

  2. Which petitions to make special DO NOT require a fee?1) Applicant's health (w/ doctor's certificate)
    2) Applicant is 65 or over
    3) invention will materially enhance the quality of the environment
    4) invention will materially contribute to energy resource development or conservation

          

  3. What is the max period suspension of action by PTOThe max period is 6 MONTHS; office will notify applicant

          

  4. What submissions are allowed with a RCE?1) Prosecution must be CLOSED
    2) Applicant must request RCE by filing submission and fee PRIOR TO the earliest of payment, abandonment, and filing notice of appeal
    3) RCE is entitled to benefit of a certificate of mailing (CPAs are not)
    4) A request for a CPA filed in an app having a filing date on or after May 29, 2000 for which CPA practice is not available (utility) will be treated as RCE

          

  5. What if examiner thinks applicant's statement is not complete?Examiner may give the applicant 1 month time period to complete the reply

          

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