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5 Written questions

5 Matching questions

  1. When is an application recognized as being closed?
  2. What is the max period suspension of action by PTO
  3. Suspension of action may by an APPLICANT on petition if [1.103(a)]
  4. What submissions are allowed with a RCE?
  5. Requirements for Information
  1. a 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)
  2. b The max period is 6 MONTHS; office will notify applicant
  3. c 1) application is under appeal
    2) last office action is final
    3) notice of allowance
    4) Another action that closes prosecution
  4. d 1) IDS
    2) amendments
    3) arguments in a previously filed appeal or reply brief submitted in reply to a final rejection
  5. e Examiner may require the submission of information that is reasonably necessary to properly examine or treat the matter (including: reissues, patents, reexams)

5 Multiple choice questions

  1. 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
  2. 1) filed along with a request for CPA
    2) must specify time of requested suspension (no more than 3 months)
    3) fee
  3. 1) Prosecution must be CLOSED
    2) Applicant must request RCE by filing submission and fee PRIOR TO the earliest of payment, abandonment, and filing notice of appeal
    3) RCE is entitled to benefit of a certificate of mailing (CPAs are not)
    4) A request for a CPA filed in an app having a filing date on or after May 29, 2000 for which CPA practice is not available (utility) will be treated as RCE
  4. An applicant can appeal after two or more actions on the merits, and after any final rejection
  5. By filing a written declaration identifying the application; however, express abandonment of the application may not be recognized by the Office unless it is actually received in time to act before date of issue or publication.

5 True/False questions

  1. Suspension for Statutory Invention Registration (SIR) if:PTO accepts a request to publish an SIR in the application


  2. Submission with a RCE if a reply to an OA is outstanding1) 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.


  3. Failure to Reply1) 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


  4. What factors should be considered in whether a preliminary amendment "unduly interferes" with preparation of first OA?received by PTO before first OA is mailed


  5. 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