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5 Written questions

5 Matching questions

  1. Express abandonment after receipt of Notice of Allowance
  2. Abandonment of an application
  3. Suspension of action may by an APPLICANT on petition if [1.103(a)]
  4. Actual infringement (w/ statement alleging)
  5. 8 Types of Special Applications
  1. a 1) Good and sufficient cause
    2) Applicant must specify time of requested suspension (not to exceed 6 months)
    3) must pay fee (unless PTO's fault)
    4) no response can be due from applicant (i.e., no outstanding Office Actions)
  2. b 1) infringing product/method is on the market/in use
    2) comparison to claims made
    3) search of prior art or good knowledge
  3. c Applicant should submit declaration along with a petition to withdraw the application from issue and fee.
  4. d 1) Failure to Reply
    2) Express Abandonment
    3) Termination of Proceedings
  5. e Special application include:
    1) made special by petition
    2) reissued applications
    3) transferred to different examiner
    4) interference
    5) ready for allowance
    6) ready for final rejection
    7) pending more than 5 years
    8) reexaminations

5 Multiple choice questions

  1. Not considered part of original disclosure unless filed with original app and later filed oath refers to it
  2. You have no right to have amendment entered after mailing of Notice of Allowance - it's a matter of grace, good and sufficient reason in petition and fee
  3. 1) Inventor/applicant
    2) Registered attorney/agent: of record, or using his file, or known by examiner to be local representative of record attorney
  4. 1) application is owned by US
    2) Publication may be detrimental to public safety
    3) appropriate agency requests suspension
  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. Period for Reply1) PTO will withdraw the finality of any OA
    2) Will be treated as request to dismiss an appeal and reopen prosecution if filed after filing of the Notice of Appeal but prior to decision
    3) If filed after a decision but before filing an appeal, it will serve to reopen prosecution. However, applicant must submit arguments, amendments, or a showing of facts as to why any rejection upheld or suggested by the Board should be removed

          

  2. Failure to Reply1) If there is failure to reply it will be automatically become abandoned
    2) If applicant replies within the time period but the reply is not fully responsive, the application still may be abandoned (EOT may be given if response appears to be a bona fide attempt to respond)

          

  3. Every response by an applicant must1) Reply to every rejection and objection in OA
    2) Be a bona fide attempt to advance case to final action
    3) Be in writing, typed or written in permanent ink and proper size paper
    4) Be properly signed

          

  4. Order of ExaminationApplication are examined in order in which they are filed in the US. (Applications are examined on a first come, first served basis)

          

  5. Which three entities can suspension of action be performed by?1) Applicant
    2) the PTO
    3) overlapping applications by same applicant or assignee

          

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