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5 Written questions

5 Matching questions

  1. Non-responsive reply
  2. Which petitions to make special DO NOT require a fee?
  3. What is the proper response to a rejection?
  4. There is no unrestricted right to entry of amendments after final rejection unless what five conditions occur?
  5. Rejection of Claims
  1. a Appeal
  2. b 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
  3. c 1) Applicant's health (w/ doctor's certificate)
    2) Applicant is 65 or over
    3) invention will materially enhance the quality of the environment
    4) invention will materially contribute to energy resource development or conservation
  4. d Rejection of claims is based on subject matter (substance) and is subject to appeal. Note: objections are based on form and may be reviewed only by petition to the director.
  5. e 1) If intentional, must remedy within statutory period to avoid abandonment
    2) If unintentional, examiner can either accept it or require reply within remaining period or set a new 1 month time limit (extendable); new time limit cannot be given after final OA

5 Multiple choice questions

  1. You have no right to have amendment entered after mailing of Notice of Allowance - it's a matter of grace, good and sufficient reason in petition and fee
  2. 1) Deferral of examination of application
    2) max of 3 years from earliest filing date from which benefit is claimed
    3) fees
    4) won't be granted after mailing of office action or notice of allowance
    5) must be in condition for publication
    6) no non-publication request
    7) regular (utility) and plant apps or internationa app that entered national stage--on or after Nov. 29, 2000
  3. Application are examined in order in which they are filed in the US. (Applications are examined on a first come, first served basis)
  4. 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
  5. 1) Applicant with assignee's consent
    2) Owner/Assignee
    3) Attorney/Agent of record
    4) Attorney/Agent not of record, who acts in a representative capacity when filing a continuing application, may expressly abandon the prior application as of the filing date granted to the continuing application

5 True/False questions

  1. When should preliminary amendment be filed?received by PTO before first OA is mailed

          

  2. 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

          

  3. 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

          

  4. Foreign Filing LiscenseUS application will be rejected if applicant files in another country before receiving a foreign license (if the invention was made in US).

          

  5. Suspension of action may by an APPLICANT on petition if [1.103(c)]1) Good and sufficient cause
    2) Applicant must specify time of requested suspension (not to exceed 6 months)
    3) must pay fee (unless PTO's fault)
    4) no response can be due from applicant (i.e., no outstanding Office Actions)