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5 Written questions

5 Matching questions

  1. When is a final rejection improper?
  2. What is needed to get RCE?
  3. How will any reply that states the information required to be submitted is unknown or is not readily available be treated?
  4. What does RCE do?
  5. What is the max period suspension of action by PTO
  1. a 1) 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. b It will be accepted as a complete reply--safe harbor
  3. c A final rejection is not proper if it is:
    1) the first office action in a CIP at least one claim includes subject matter not present in parent;
    2) the first office action in a substitute application containing material presented after final rejection in an earlier application but was denied entry based on new matter
  4. d The max period is 6 MONTHS; office will notify applicant
  5. e 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 Multiple choice questions

  1. A supplemental oath or declaration is NOT treated as an amendment, but a supplemental reissue oath or decl. is so treated
  2. 1) nature of changes to claims or spec that would result from entry of amendment;
    2)state of preparation of first OA as of date of receipt or pre. Amendment
  3. Examiner may require the submission of information that is reasonably necessary to properly examine or treat the matter (including: reissues, patents, reexams)
  4. received by PTO before first OA is mailed
  5. 1) Inventor/applicant
    2) Registered attorney/agent: of record, or using his file, or known by examiner to be local representative of record attorney

5 True/False questions

  1. Abandonment of an application1) Failure to Reply
    2) Express Abandonment
    3) Termination of Proceedings


  2. Period for Reply1) Due dates are calculated from PTO mailing date
    2) EOT cannot exceed the 6 month statutory period for Office actions


  3. Actual infringement (w/ statement alleging)1) infringing product/method is on the market/in use
    2) comparison to claims made
    3) search of prior art or good knowledge


  4. Where can interviews occur?1) Interviews in conference room
    2) Videoconferencing are okay (amended)


  5. Revival of Abandoned ApplicationsSpecial 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


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