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5 Written questions

5 Matching questions

  1. Affidavit Practice Under CFR
  2. What if examiner thinks applicant's statement is not complete?
  3. Order of Examination
  4. "discloses but does not claim" can be sworn back BUT "claims the same invention"...
  5. How can you get a suspension of action?
  1. a that CANNOT be sworn back.
  2. b Examiner may give the applicant 1 month time period to complete the reply
  3. c Application are examined in order in which they are filed in the US. (Applications are examined on a first come, first served basis)
  4. d CFR 1.131 and 1.132
  5. e with good and sufficient cause and with fee

    can suspend prosecution for 6 months

5 Multiple choice questions

  1. If a reply to an action is outstanding, the submission must meet reply requirements (37 CFR 1.111). Otherwise, the submission may be
    - an IDS
    - an amendment
    - new arguments
    - or new evidence
  2. More than one year before filing:

    Patent obtained, anywhere
    Publication, anywhere
    Public use, US only
    On Sale, US only
  3. an applicant may be granted accelerated examination status.
  4. No limit as long as done before aboandoned
  5. 1) Amendment cancels claims or complies with objections as to form
    2) Places case in condition for allowance or better form for appeal
    3) Adopts suggestions by examiner
    4) Period for reply cannot be extended more than 6 months from the date of the final action
    5) If applicant replies within 2 months from date of mailing of final rejection, and the PTO does not issues an advisory action until after the end of the 3 month shortened period for reply, any extension fee will be calculated from the mailing date of the advisory action

5 True/False questions

  1. Which petitions do require a fee?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


  2. What happens if a timely reply is not filed?It is considered abandoned


  3. 35 USC 102 (g)More than one year before filing:

    Patent obtained, anywhere
    Publication, anywhere
    Public use, US only
    On Sale, US only


  4. How is a Public Use Proceeding initiated?One made after, or at the time of filing, but before an action is issued.


  5. If the form of the claim, spec, or drawing (as distinguished from its substance) is improper, an35 USC 103 (obviousness)


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