I think the two part broom handle question to which you are referring might be the question about the application containing some ridiculous number of claims, like I think 900 or so. It has to do with multiplicity. I haven’t seen it on an exam, but I have seen it referred to on the boards. I think the correct answer has to do with the examiner calling the practitioner and asking for the claims to be reduced. There is also another part to the correct response but I cannot recall it at this time. Just read the section on multiplicity. I don’t think it is too long.
Multiplicity
Multiplicity question – applicant has one utility claim and more than 900 claims covering small ornamental differences. Answer is that the examiner should call the applicant and have him select a few claims for examination.
- M.P.E.P. Section 2173.05(n), Specific Topics Related to Issues Under 35 U.S.C.
- If a rejection on multiplicity is in order the examiner should make a telephone call explaining that the claims are unduly multiplied and will be rejected on that ground. Note MPEP Section 408. The examiner should request selection of a specified number of claims for purposes of examination.
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It’s down between prolix and multiplicity. The question pretty much answers it for you that there is confusion by the examiner and that he wants the applicant to choose claims for prosecution– which is right on the money with multiplicity.
Had this question yesterday. If claim amount is unreasonable
1. Examiner should make a phone call explaining that the claims are unduly, and request selection of a specified number….VERBATIM from MPEP
be careful as there is a similar answer with the telephone element missing. It just says, make a rejection and request a specified number
Got this today – chose telephone answer.
Also see 2173.05(n) Multiplicity
If an undue multiplicity rejection under 35 U.S.C. 112, second paragraph, is appropriate, the examiner should contact applicant by telephone explaining that the claims are unduly multiplied and will be rejected under 35 U.S.C. 112, second paragraph. Note MPEP ยง 408. The examiner should also request that applicant select a specified number of claims for purpose of examination.
Thank you, Peter. I see from looking this up in the MPEP that this is correct. Hope I get this question.
Sally
I got this yesterday. Call the examiner.
Examiner should call the applicant.