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5 Written questions

5 Matching questions

  1. June 8, 1995
  2. What about a response to a notice of missing parts?
  3. Suspension for public safety or defense by PTO if
  4. 35 USC 102 (b)
  5. After applicant's reply
  1. a Can be extended to 5 months as well.
  2. b - 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
  3. c 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
  4. d More than one year before filing:

    Patent obtained, anywhere
    Publication, anywhere
    Public use, US only
    On Sale, US only
  5. e 1) application is owned by US
    2) Publication may be detrimental to public safety
    3) appropriate agency requests suspension

5 Multiple choice questions

  1. It has same standing as if NOA was not mailed
  2. 1) infringing product/method is on the market/in use
    2) comparison to claims made
    3) search of prior art or good knowledge
  3. To establish the applicants own right to a patent, and also move back the date of the applicant invention as prior art under 35 USC 102 (g) during an interference preceding.
  4. Purpose is to prove that applicant was the first inventor when faced with a reference dated earlier than the application filing date
  5. 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

5 True/False questions

  1. Any new (not previously examined) application require a fee ifIf 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)


  2. 35 USC 102 (d)Prior to invention:

    Public Knowledge, US only
    Use by others, US only
    Publication, Anywhere
    Patent obtained, Anywhere


  3. What 6 applications is a RCE not available for?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


  4. There are two distinct procedures for extending due dates (under what section?)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


  5. Who can perform express abandonment?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