Comments on: Q) Tribell 10.03.16a http://mypatentbar.com/2007/05/04/q4-tribell/ Patent Bar Review and Study Guide Sat, 19 May 2012 21:33:10 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Sol http://mypatentbar.com/2007/05/04/q4-tribell/#comment-37217 Sol Mon, 02 Apr 2012 22:22:39 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-37217 "A claim of a reissue application enlarges the scope of the claims of the patent if it is broader in at least one respect, even though it may be narrower in other respects." "respect " is not the same thing as "claim" Basically compare the whole set of reissue claims to the whole set of orginal claims. If any respect is broader, it is a broadening reissue. Consier the "whole" not just one claim. “A claim of a reissue application enlarges the scope of the claims of the patent if it is broader in at least one respect, even though it may be narrower in other respects.”

“respect ” is not the same thing as “claim”

Basically compare the whole set of reissue claims to the whole set of orginal claims. If any respect is broader, it is a broadening reissue. Consier the “whole” not just one claim.

]]> By: Sol http://mypatentbar.com/2007/05/04/q4-tribell/#comment-37216 Sol Mon, 02 Apr 2012 22:16:59 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-37216 "A broadened reissue claim is a claim which enlarges the scope of the claims of the patent, i.e., a claim which is greater in scope than each and every claim of the original patent." "If a disclaimer is filed in the patent prior to the filing of a reissue application, the disclaimed claims are not part of the “original patent” under 35 U.S.C. 251." Be careful with disclaimer “A broadened reissue claim is a claim which enlarges the scope of the claims of the patent, i.e., a claim which is greater in scope than each and every claim of the original patent.”

“If a disclaimer is filed in the patent prior to the filing of a reissue application, the disclaimed claims are not part of the “original patent” under 35 U.S.C. 251.”

Be careful with disclaimer

]]> By: Sol http://mypatentbar.com/2007/05/04/q4-tribell/#comment-37215 Sol Mon, 02 Apr 2012 22:13:43 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-37215 this twist on disclaimer is very trick. Then B is the only answer. this twist on disclaimer is very trick. Then B is the only answer.

]]> By: Mig http://mypatentbar.com/2007/05/04/q4-tribell/#comment-35896 Mig Fri, 23 Mar 2012 07:52:58 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-35896 Answer is not A, it is B. Section 1412.03 clearly states that an amendment is broadening if it is broader in scope than each and every claim. Maggie seems to be confusing the fact that broader in any sense makes the whole thing a broadening amendment even if it narrower in other senses. So if an amendment broadens one aspect of a claim more than any other claim in the original application it is considered a broadening amendment even if it narrower in every other aspect. Merely being broader than a single claim does not make it a broadening amendment if there is at least one amendment in the original claim that is broader than the new claim. Answer is not A, it is B. Section 1412.03 clearly states that an amendment is broadening if it is broader in scope than each and every claim.

Maggie seems to be confusing the fact that broader in any sense makes the whole thing a broadening amendment even if it narrower in other senses. So if an amendment broadens one aspect of a claim more than any other claim in the original application it is considered a broadening amendment even if it narrower in every other aspect.

Merely being broader than a single claim does not make it a broadening amendment if there is at least one amendment in the original claim that is broader than the new claim.

]]> By: MNGirl http://mypatentbar.com/2007/05/04/q4-tribell/#comment-35453 MNGirl Tue, 20 Mar 2012 04:23:07 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-35453 got this question on 3/19/12. Went with A, do the reissue. Yay! got this question on 3/19/12. Went with A, do the reissue. Yay!

]]> By: KF http://mypatentbar.com/2007/05/04/q4-tribell/#comment-20235 KF Wed, 02 Nov 2011 18:54:15 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-20235 Ignore my comment above...it's amazing how much I've learned in the last two weeks! You can request a reissue at anytime after the patent issues, but you can only request a reissue to broaden claims within teh 2 year mark. But you have to specifically state that you intend to broaden in your reissue before the 2 year mark. Ignore my comment above…it’s amazing how much I’ve learned in the last two weeks! You can request a reissue at anytime after the patent issues, but you can only request a reissue to broaden claims within teh 2 year mark. But you have to specifically state that you intend to broaden in your reissue before the 2 year mark.

]]> By: maggie http://mypatentbar.com/2007/05/04/q4-tribell/#comment-19631 maggie Mon, 31 Oct 2011 23:16:44 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-19631 There is a kinda a similar Q on Exam Oct 2000AM Q #13: There is a kinda a similar Q on Exam Oct 2000AM Q #13:

]]> By: Maggie http://mypatentbar.com/2007/05/04/q4-tribell/#comment-19563 Maggie Mon, 31 Oct 2011 17:09:34 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-19563 ABCD-> ABC is Broader (b/c the omitted item D makes the claim broader) AB –>ABC (could be broader or narrower depending on how C is written). BUT, when one aspect of an application is broader, then the whole application is considered “Broader” by the PTO even if there are additional narrowing changes as well. Answer would be (A) Give up you are barred from broadening application (b/ca over two years) ABCD-> ABC is Broader (b/c the omitted item D makes the claim broader)
AB –>ABC (could be broader or narrower depending on how C is written).

BUT, when one aspect of an application is broader, then the whole application is considered “Broader” by the PTO even if there are additional narrowing changes as well.

Answer would be (A) Give up you are barred from broadening application (b/ca over two years)

]]> By: Maggie http://mypatentbar.com/2007/05/04/q4-tribell/#comment-19561 Maggie Mon, 31 Oct 2011 17:06:23 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-19561 ABC-> ABCD is Broader than ABCD (b/c omitted item make claim broader) AB -->ABC (could be broader or narrower depending on how C is written). BUT, when one aspect of an application is broader then the whole application is considered "Broader" by the PTO even if there are additional narrowing changes as well. Answer would be (A) Give up you are barred from broadening application ABC-> ABCD is Broader than ABCD (b/c omitted item make claim broader)
AB –>ABC (could be broader or narrower depending on how C is written).

BUT, when one aspect of an application is broader then the whole application is considered “Broader” by the PTO even if there are additional narrowing changes as well.

Answer would be (A) Give up you are barred from broadening application

]]> By: Kforsythe http://mypatentbar.com/2007/05/04/q4-tribell/#comment-17956 Kforsythe Wed, 19 Oct 2011 00:54:10 +0000 http://patentbar.wordpress.com/2007/05/04/q4-tribell/#comment-17956 I am still a little confused about when you can continue with a reissue after the 2 year mark. Am I correct that if you start the reissue withint 2 years, you can then add additional broadening materials after the 2 years because you have started the process within the 2 year reissue timeframe? I am still a little confused about when you can continue with a reissue after the 2 year mark. Am I correct that if you start the reissue withint 2 years, you can then add additional broadening materials after the 2 years because you have started the process within the 2 year reissue timeframe?

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