Comments on: Q) Sally, Ted and Spot Remover (4.01.10p)

By: Sol

Sol — Wed, 28 Mar 2012 07:20:08 +0000

Sorry, but I could not delete my replies. Please ignore what I said. Just follow Big Tex and PCT Master. For App filed on or after Nov 29, 1999, facing a 103 rejection, 103(c) common ownership exception helps to disqualify any 102(e)/(f)/(g) prior art. To invoke this rule, a statement from applicant or agent, not from owner/assignee.

By: Sol

Sol — Wed, 28 Mar 2012 06:37:11 +0000

Yes you are right, that can be tested as well. They can test 103(c) does not apply to 102(a)

By: Sol

Sol — Wed, 28 Mar 2012 06:34:31 +0000

**>Effective November 29, 1999, subject matter which was prior art under former 35 U.S.C. 103 via 35 U.S.C. 102(e) was disqualified as prior art against the claimed invention if that subject matter and the claimed invention “were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person.”

By: Sol

Sol — Wed, 28 Mar 2012 06:31:48 +0000

103(c) exception

By: Sol

Sol — Wed, 28 Mar 2012 06:29:11 +0000

Sorry, to make it more clear, Jane’s app should be file on or after Nov 29, 1999 so 102(e) exception applies to void sally’s pat as a 102(e) reference.

I believe this what the Question is trying to test. However, to make it work, the issue date of Sally’s pat need to be after Nov 29, 1999 to be after Jane’s filling date. Otherwise, Sally’s is still a 102(a) art. For example, Sally’s pat issued on May 25, 2000 and Jane filed on Jan 1, 2000.

By: Sol

Sol — Wed, 28 Mar 2012 06:21:28 +0000

I agree, if Jane filed Nov 8, 2000 instead as wrongly stated Nov 8, 1998, the answer should be D (i.e., II and III).

I is wrong because it does not show “at the time the claimed invention was made”.

By: SB

SB — Wed, 15 Feb 2012 22:03:56 +0000

Thank you Ricky!

By: Ricky

Ricky — Wed, 15 Feb 2012 18:41:46 +0000

It took me about 3 weeks.

By: SB

SB — Wed, 15 Feb 2012 03:47:49 +0000

How long will it take (USPTO) to process the application (Form PTO-158) to register to patent bar exam? I meant how many weeks to get eligibility to write the exam? Thank you

By: Miranda

Miranda — Tue, 14 Feb 2012 20:15:14 +0000

I agree that the 103 rejection in view of the 102(a) reference cannot be overcome since the 103(c) exception is only available for 103 over 102(e).

However, in the scenario that Sally’s patent was still pending at the time of Jane’s DOI, a 103 rejection in view of a 102(e) ref would be the only rejection available to the examiner, correct? and in that case the 103(c) common assignee exception would work? all of this is starting to jumble up in my head.