5 Written Questions
5 Matching Questions
- You can swear back by submission of an affidavit or declaration an earlier date of invention based upon:
- When swearing back, do you handle the claims separately?
- Submission with a RCE if a reply to an OA is outstanding
- In an interview, if the examiner does not record in writing the substance of each telephone or personal communication THEN
- Which rule deals with amendments after allowance?
- a 1.312
- b 1) submission must meet requirement of section 1.111 in order to continue prosecution.
Payment of the fee for an RCE does NOT toll the running of any time period set for reply.
- c Yes! Handle on a claim by claim basis because various claims have different dates of invention.
- d the applicant has the obligation to do so.
- e - an actual reduction to practice OR
- conception and diligence to actual reduction to practice
5 Multiple Choice Questions
- a protest or a Public Use Proceeding.
Protests are covered in chapter 1900
- an applicant may be granted accelerated examination status.
- yes, 50%
- The acts have to be done in the US. The documents can be from anywhere!
- An anticipation is a reference or set of facts which teaches every aspect of the claimed invention either directly or indirectly.
5 True/False Questions
Can automatic extensions be obtained retroactively? → 1. where the Office Action so states
2. A Reply Brief (responsive to an Examiners Answer in an Appeal to the Board of Patent Appeals and Interferences)
3. A request for an oral hearing in an Appeal
4. Responding to a decision of the Board
5. Anything in an interferences
6. Due dates in reexaminations cannot be automatically extended and any extension for cause request in a reexamination must filed before that due date
What is an amendment? → One made after, or at the time of filing, but before an action is issued.
After Final Rejection, what is an Examiners Answer treated like? → Like an amendment from the applicant so extensions are necessary.
Swearing back RULE → - Any application filed on or before June 8, 1995 and has an effective filing date of June 8, 1993 or earlier can use the Transitional Final Rejection practice
- Any application filed on or after June 8, 1995 are eligible for RCE
Request for Continued Examination (RCE) → A RCE provides a way for an applicant to obtain continued examination of an application after prosecution has closed by filing a submission and paying a fee. If a subsequent action is made final, an applicant can get continued examination again by filing submission and fee.