5 Written questions
5 Matching questions
- Thus, if there is an appeal, what happens to the information that was not "entered" into the amendment?
- Can you petition for suspension of action while there is an action outstanding?
- How is a Public Use Proceeding initiated?
- When there is no common inventor, can the patent office do this?
- What does it mean when the question says the the rejection is "proper"
- a by filing a petition requesting that a proceeding be instituted together with the fee. Evidence must be established in the form of affidavits or declarations.
- b No, because that would violate the law requiring applications to be maintained in confidence.
- c Means you cannot argue against it. You can however, amend the claims
- d No.
- e The claims appealed are considered without the amendments which were sought in the non-entered response
5 Multiple choice questions
- No, they just be supplemented or replaced. They cannot be amended except for information disclosed in ADS, ie address and bibliographic information.
- an interference may be proper if they are claiming the same invention. Otherwise, the Patent Office will issue the one having the earliest filing date and then reject the other under 102 (e)
- An anticipation is a reference or set of facts which teaches every aspect of the claimed invention either directly or indirectly.
- 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)
- 35 USC 103 (obviousness)
5 True/False questions
What does RCE do? → Any change which is made in the specification, claims, or drawings after or at the same time the application is filed.
An untimely response in prosecuting an application results in abandonment. What about reexamination? → amendment, request for reconsideration, or filing of a continuation.
Any request for reconsideration of a decision on a revival petition must be filed: → 1) claims are to a single invention
2) a search was made
3) provides copies of closest references
4) provide detailed discussion of references and why claims are patentable over them. If not met applicant gets second chance to meet them
Can a petition for a Public Use Proceeding be filed by a party in an interference? → NO
Rather, the issues must be raised by a motion in the interference
Most rejections are based on 35 USC 102 → 35 USC 102 (anticipation)