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5 Written questions

5 Matching questions

  1. There are two distinct procedures for extending due dates (under what section?)
  2. What is the deadline on appeals?
  3. In any application, what can you do about concurrent or future reply requiring a petition for an extension of time as incorporating a petition for that extension?
  4. When should preliminary amendment be filed?
  5. Is offering the application or the patent rights prior art?
  1. a 1) Should be filed after app gets app number and filing date if not filed with original app
    2) Should be filed with original app if claims are canceled to reduce the filing fee
    3) For CPA's, preliminary amendments must be filed on the filing date of the CPA
  2. b TWO MONTHS.
  3. c 1.136 (a) automatic extensions

    1.136 (b) extensions for cause
  4. d A written request may be submitted
  5. e No, because it is not officially an "offer for sale" under 102 (b)

5 Multiple choice questions

  1. the automatic extensions are used up.
  2. time is not extendable for: submitting an oath or declaration and submitting formal drawings
  3. Yes
  4. 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. 1) Applicant with assignee's consent
    2) Owner/Assignee
    3) Attorney/Agent of record
    4) Attorney/Agent not of record, who acts in a representative capacity when filing a continuing application, may expressly abandon the prior application as of the filing date granted to the continuing application

5 True/False questions

  1. Amendments after final?1) 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


  2. If new limitations are added through amendment (but were in the original spec) does a supplemental oath or declaration required?Yes


  3. What is the statutory time limit to respond to Office Actions? And can it be extended?The max period is 6 MONTHS; office will notify applicant


  4. To be a 102 (a) prior act, the acts must be made by "another". What about 102 (b)?1.136 (a) automatic extensions

    1.136 (b) extensions for cause


  5. When responding to a 35 USC 102 rejection, you can only say that the examiner was wrong only is two ways: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.