Q) Protest (10.02.46p)

by Lizzie on April 28, 2009 · 9 comments

in Exam Concepts,Exam Questions

 

46. Which of the following statements does not accord with proper USPTO practice and procedure?

(A) A protest may be filed by an attorney or other representative on behalf of an unnamed principal.

(B) Information which may be relied on in a protest includes information indicating violation of the duty of disclosure under 37 CFR 1.56.

(C) While a protest must be complete and contain a copy of every document relied on by the protestor, a protest without copies of prior art documents will not necessarily be ignored.

(D) A protest must be submitted prior to the date the application was published or the mailing of a notice of allowance, whichever occurs later, provided the application is pending.

(E) Since a protestor is not authorized to participate in the prosecution of a pending application, the examiner must not communicate in any manner with the protestor.

 

46. ANSWER: (D) is the best answer. MPEP § 1901.04. (A) is a true statement. MPEP § 1901.01. (B) is a true statement. MPEP § 1901.02, paragraph (G). (C) is a true statement. MPEP § 1901.03. (E) is a true statement. MPEP § 1907.

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