Comments on: Q) Omitted Items (10.02.34a) http://mypatentbar.com/2009/04/28/q-omitted-items-100234a/ Patent Bar Review and Study Guide Wed, 08 Sep 2010 20:43:39 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Jeff http://mypatentbar.com/2009/04/28/q-omitted-items-100234a/#comment-1843 Jeff Fri, 16 Apr 2010 04:14:40 +0000 http://mypatentbar.com/?p=876#comment-1843 This has to be one of the most nit-picky questions in the old exams if the answer hinges on the inclusion of "must" in the answer. This has to be one of the most nit-picky questions in the old exams if the answer hinges on the inclusion of “must” in the answer.

]]> By: Peter http://mypatentbar.com/2009/04/28/q-omitted-items-100234a/#comment-1746 Peter Sat, 10 Apr 2010 17:53:53 +0000 http://mypatentbar.com/?p=876#comment-1746 I struggled with this same question. I think B wrong because it does not further specify "An applicant desiring to submit the omitted page(s) in a nonprovisional application and accept the date of such submission as the application filing date must, within 2 months from the date of the "Notice of Omitted Item(s)," file any omitted page(s) with an oath or declaration in compliance with 37 CFR 1.63 and 37 CFR 1.64 referring to such page(s) and a petition under 37 CFR 1.182 with the petition fee set forth in 37 CFR 1.17(f)" I struggled with this same question. I think B wrong because it does not further specify “An applicant desiring to submit the omitted page(s) in a nonprovisional application and accept the date of such submission as the application filing date must, within 2 months from the date of the “Notice of Omitted Item(s),” file any omitted page(s) with an oath or declaration in compliance with 37 CFR 1.63 and 37 CFR 1.64 referring to such page(s) and a petition under 37 CFR 1.182 with the petition fee set forth in 37 CFR 1.17(f)”

]]> By: DY http://mypatentbar.com/2009/04/28/q-omitted-items-100234a/#comment-1510 DY Sun, 14 Mar 2010 18:35:05 +0000 http://mypatentbar.com/?p=876#comment-1510 Jane "must" promptly submit the omitted page and accept an application filing date as of the date of submission of the omitted page. As 601.01(d) indicates an option between A) or B), it makes "must" a wrong choice. Jane “must” promptly submit the omitted page and accept an application filing date as of the date of submission of the omitted page.

As 601.01(d) indicates an option between A) or B), it makes “must” a wrong choice.

]]> By: S http://mypatentbar.com/2009/04/28/q-omitted-items-100234a/#comment-1509 S Sat, 13 Mar 2010 18:15:34 +0000 http://mypatentbar.com/?p=876#comment-1509 I know that A is correct but I think B should also be the correct answer because according to 601.01(d), "The mailing of a "Notice of Omitted Items" will permit the applicant to either: A) Promptly establish prior receipt in the PTO of the page(s) at issue or B) Promptly submit the omitted page(s) in a NPA and accept the date of such submission as the application filing date. I think the B choice of the above choices fulfills the second choice. What am I missing here? I know that A is correct but I think B should also be the correct answer because according to 601.01(d),

“The mailing of a “Notice of Omitted Items” will permit the applicant to either:
A) Promptly establish prior receipt in the PTO of the page(s) at issue

or

B) Promptly submit the omitted page(s) in a NPA and accept the date of such submission as the application filing date.

I think the B choice of the above choices fulfills the second choice.
What am I missing here?

]]> By: triedandtested http://mypatentbar.com/2009/04/28/q-omitted-items-100234a/#comment-1508 triedandtested Wed, 24 Jun 2009 00:54:02 +0000 http://mypatentbar.com/?p=876#comment-1508 E is wrong because the 3 month time is 2 late (You have to respond within 2 months for notice of omitted items) E is wrong because the 3 month time is 2 late (You have to respond within 2 months for notice of omitted items)

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