5 Written questions
5 Matching questions
- In a continuation application, the first action can be made final IF
- There are two distinct procedures for extending due dates (under what section?)
- Only two procedures are available to challenge whether a pending application should issue:
- What happens if a timely reply is not filed?
- 35 USC 102 (f)
- a the rejection is the same as made in the parent
- b bar patenting subject matter which the applicant did not invent.
- c It is considered abandoned
- d 1.136 (a) automatic extensions
1.136 (b) extensions for cause
- e a protest or a Public Use Proceeding.
Protests are covered in chapter 1900
5 Multiple choice questions
- the IA was published in English.
- If they unduly interfere with the preparation of an Office Action and were not filed within three months of filing date (this period is not extendable)
- Yes, lets say you have a shortened statutory period of three months, you can get your extension after three months
- 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
Suspension of action may by an APPLICANT by request if [1.103(b)] → 1) filed along with a request for CPA
2) must specify time of requested suspension (no more than 3 months)
When is a final rejection improper? → 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
What three ways can a proceeding by terminated? → 1) Issue fee is not paid when due (can be revived if fee is accepted with petition)
2) Application in a interference where all claims corresponding to the count lose
3) After decision by Board or court
What does RCE do? → 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
When can a final rejection take place? → A final rejection can be the first action in a continuing or substitute application, if all claims are to the same invention as the parent application and could have been finally rejected in parent.