5 Written questions
5 Matching questions
- When responding to a 35 USC 102 rejection, you can only say that the examiner was wrong only is two ways:
- What submissions are not allowed with a RCE?
- Drawings may be amended by:
- Swearing back RULE
- Why might a preliminary amendment be refused entry?
- a 1. The claim is entitled to an earlier date.
2. The prior art does not actually teach each and every element and limitation of the invention.
- b 1) Appeal briefs under section 1.192
2) Reply briefs under 193(b)
- c Rule 1.131
- d submitted a "clean" version of the drawing to be amended. A "marked-up" version may optionally submitted
- e If 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)
5 Multiple choice questions
- are normally not granted.
- It will be accepted as a complete reply--safe harbor
- No, except in the "no cause" suspension used in CPA or RCE filing. (suspension is no longer than 3 months)
- Two months but this is not statutory; therefore, it can be extended to 5 months
5 True/False questions
Shortened Statutory Period:
for responding to a restriction requirement?
for responding to Ex Parte Quayle actions (action in which all the rejection and objections are formal)
for responding to all other official actions? → Shortened Statutory Period:
for responding to a restriction requirement? 1 month
for responding to Ex Parte Quayle actions (action in which all the rejection and objections are formal) 2 month
for responding to all other official actions? 3 months
How can you respond to an Official Action? → By making an amendment or if no changes are made, then Request for Reconsideration
How is express abandonment done? → 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.
What is a submission? → If a reply to an action is outstanding, the submission must meet reply requirements (37 CFR 1.111). Otherwise, the submission may be
- an IDS
- an amendment
- new arguments
- or new evidence
Can Public Use Proceedings be requested for reexaminations? → No limit as long as done before aboandoned