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5 Written questions

5 Matching questions

  1. Period for Reply
  2. Suspension of action may by an APPLICANT (new) [1.103(d)]
  3. Is preliminary amendment considered part of the original disclosure?
  4. Actual infringement (w/ statement alleging)
  5. What is needed to get RCE?
  1. a 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
  2. b Not considered part of original disclosure unless filed with original app and later filed oath refers to it
  3. c 1) infringing product/method is on the market/in use
    2) comparison to claims made
    3) search of prior art or good knowledge
  4. d 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. e 1) Due dates are calculated from PTO mailing date
    2) EOT cannot exceed the 6 month statutory period for Office actions

5 Multiple choice questions

  1. As a constructive petition for extension of time
  2. 1) claims are to a single invention
    2) a search was made
    3) provides copies of closest references
    4) provide detailed discussion of references and why claims are patentable over them. If not met applicant gets second chance to meet them
  3. 1) Applicant(s)
    2) Owner(s)
    3) Attorney of record
    4) Attorney not of record but acting in representative capacity
  4. 1) sufficient capital facilities
    2) will not manufacture w/o granted patent
    3) will manufacture if patent is granted
    4) made a prior art search or has good knowledge of prior art
  5. 1) safety of recombinant DNA research
    2) superconductivity
    3) HIV/AIDS or cancer
    4) counter-terrorism
    5) biotechnology (small entities)
    6) Prospective manufacture
    7) Actual infringement
    8) Any new application

5 True/False questions

  1. What does RCE do?A final rejection is any second or later rejection, unless: new rejection of claim that was not added or substantively amended; rejection is based on newly cited art other than info submitted and IDS.

          

  2. What 6 applications is a RCE not available for?1) safety of recombinant DNA research
    2) superconductivity
    3) HIV/AIDS or cancer
    4) counter-terrorism
    5) biotechnology (small entities)
    6) Prospective manufacture
    7) Actual infringement
    8) Any new application

          

  3. How is express abandonment done?1) Applicant with assignee's consent
    2) Owner/Assignee
    3) Attorney/Agent of record
    4) Attorney/Agent not of record, who acts in a representative capacity when filing a continuing application, may expressly abandon the prior application as of the filing date granted to the continuing application

          

  4. Appeal1) 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)

          

  5. Who can interview?1) Interviews in conference room
    2) Videoconferencing are okay (amended)

          

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