5 Written questions
5 Matching questions
- Suspension of action may by an APPLICANT on petition if [1.103(c)]
- Can you petition for suspension of action while there is an action outstanding?
- Can prosecution be suspended in a reexamination?
- When swearing back, do you handle the claims separately?
- What about a response to a notice of missing parts?
- a No.
- b Yes! Handle on a claim by claim basis because various claims have different dates of invention.
- c Can be extended to 5 months as well.
- d no.
- e 1) filed along with a request for continued examination RCE
2) must specify time of requested suspension (3 months)
5 Multiple choice questions
- submitted a "clean" version of the drawing to be amended. A "marked-up" version may optionally submitted
- bar patenting subject matter which the applicant did not invent.
- 1. a response must be filed for allowance
2. A notice of appeal must be filed
3. the examiner, either on his or her own initiative or in response to a request by the applicant, converts the action to a non-final one (CPA or RCE)
- Bringing an abandoned application back to life.
5 True/False questions
Only two procedures are available to challenge whether a pending application should issue: → a protest or a Public Use Proceeding.
Protests are covered in chapter 1900
If a response to a Final Rejection is filed, the examiner may or may not → "enter" the amendment because it raises new issues, or does not place the application in better condition for appeal.
Final Rejection → 1) Inventor/applicant
2) Registered attorney/agent: of record, or using his file, or known by examiner to be local representative of record attorney
Swearing back RULE → 1) Due dates are calculated from PTO mailing date
2) EOT cannot exceed the 6 month statutory period for Office actions
What factors should be considered in whether a preliminary amendment "unduly interferes" with preparation of first OA? → 1) nature of changes to claims or spec that would result from entry of amendment;
2)state of preparation of first OA as of date of receipt or pre. Amendment