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5 Written questions

5 Matching questions

  1. Period for Reply
  2. When can a final rejection take place?
  3. After applicant's reply
  4. What happens after an interview?
  5. Where can interviews occur?
  1. a 1) Interviews in conference room
    2) Videoconferencing are okay (amended)
  2. b 1) Due dates are calculated from PTO mailing date
    2) EOT cannot exceed the 6 month statutory period for Office actions
  3. c 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.
  4. d 1) Examiner must respond within 2 MONTHS of receipt
    2) Examiner may not make next action a final rejection if it relies on the new material
  5. e Applicant must be ensure the substance of the interview is made of record in the app--often the examined agrees to do it. Full response to OA is still required.

5 Multiple choice questions

  1. 1) sufficient capital facilities
    2) will not manufacture w/o granted patent
    3) will manufacture if patent is granted
    4) made a prior art search or has good knowledge of prior art
  2. 1) Applicant
    2) the PTO
    3) overlapping applications by same applicant or assignee
  3. Applicant generally has 3 months if it comes with an OA and 3 months if it comes separately
    2) EOT's are available
    3) if no reply--abandoned
  4. 1) Adding new matter to an application (must use a CIP for that)
    2) Provisionals
    3) Design applications
    4) Patents under reexaminations (reissues are fine)
    5) Patents and international application filed before June 8, 1995
    6) Application after the filing of notice of appeal or civil suit unless appeal or suit is terminated while application is still pending
  5. Petitions to make special need to be in writing and identify the application by number and filing date

5 True/False questions

  1. 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)


  2. Order of ExaminationApplication are examined in order in which they are filed in the US. (Applications are examined on a first come, first served basis)


  3. AppealAn applicant can appeal after two or more actions on the merits, and after any final rejection


  4. What if examiner thinks applicant's statement is not complete?It is considered abandoned


  5. If amendment is filed after NOA what must be submitted?1) Why it's neccessary
    2) Why it requires no additional search or examination;
    3) why claims are patentable;
    4) why claims were not presented earlier