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5 Written questions

5 Matching questions

  1. Which statute governs RCE?
  2. How are changes to the specification made?
  3. Every response by an applicant must
  4. 35 USC 102 (g)
  5. Can automatic extensions be obtained retroactively?
  1. a Changes in the specification are made by submitted a "marked up" version of what needs to be changed and directing the PTO as to where the changes are being made. Paragraph numbering does help.
  2. b Yes, lets say you have a shortened statutory period of three months, you can get your extension after three months
  3. c 35 USC 132 (b)
  4. d 1) 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
  5. e - prior invention made in US (except in interference, then NAFTA or WTO country activity counts as well)
    - prior invention must not be abandoned, suppressed, or concealed (ASC)
    - a partial exception is made for commonly owned inventions.

5 Multiple choice questions

  1. received by PTO before first OA is mailed
  2. The max period is 6 MONTHS; office will notify applicant
  3. No, except in the "no cause" suspension used in CPA or RCE filing. (suspension is no longer than 3 months)
  4. The acts can be either of the inventor or another
  5. US application will be rejected if applicant files in another country before receiving a foreign license (if the invention was made in US).

5 True/False questions

  1. "discloses but does not claim" can be sworn back BUT "claims the same invention"...Purpose is to prove that applicant was the first inventor when faced with a reference dated earlier than the application filing date

          

  2. An applicant who is rejected based upon the conclusions of the Proceeding CANappeal the resulting rejection to the Board of Patent Appeals and Interferences.

          

  3. What is the limit for a Request for Continued Examination (RCE)?No limit as long as done before aboandoned

          

  4. An International Bureau Publication of an IA is prior art under 102(e) as of its international filing date IFLike an amendment from the applicant so extensions are necessary.

          

  5. In any application, what can you do about concurrent or future reply requiring a petition for an extension of time as incorporating a petition for that extension?Yes.

          

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