Comments on: Repeat Questions http://mypatentbar.com Patent Bar Review and Study Guide Tue, 22 May 2012 15:03:11 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Keener http://mypatentbar.com/repeat-questions/#comment-43065 Keener Mon, 21 May 2012 01:47:03 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-43065 Preliminary Pass today! I studied independently using Longacre's book (not the questions books, just the MPEP review book) and this website to study over a 6 months period (mostly nights; weekends toward the end). Longacr's book: I give it a B. It is a good summary, but there are errors. The annoying errors are the questions that were out dated long before the 2010 publishing date. They will make you lose your mind. Skip his explanation of 102 e and the PCT material and just use the flow chart in 700. Study regime: read the book chapter; read the corresponding MPEP chapter taking notes only on sections covered by the book; answered the questions at the end of each chapter in Longacre. After I read the entire Longacre book, thus finishing the MPEP (not including the indexes), I started taking the practice exams available on this site (starting with 2003 and going backwards, I did not make beyond 2000) while I re-read Longacre twice and attempted to re-read 700 (admittedly I only made it about half way before test day came.) Important: Read the Exam Concepts and Questions section on this site well. Between the old exams and the questions in the Exam Concepts and Questions section I only had 10 or so questions that were completely new. Questions I remember off the top of my head -Broom -Tommie and Jo(4.00.23a/4.00.24a) -Potter (both) -KSR -New Ex Parte Appeal material (read the Biliski/AIA/KSR material on this site and available at the gmail account) although I think these were probably beta -Sweden -Japanese and US inventor with Japanese language PCT electing Jap-Date an where it will go -Where 19 amendments are filed and when (2 months and with the IB) -nonsigner rights -What can an assignee not of record sign for (small E) Q21) Trade Secret Question Q23) Broom Q25) Electric Fan Q31) Chemical Claim – except it was about depression not headaches Q38) Piecemeal Q10) Suspended Practitioner (sole pract.) -CPA and reply to OA by fax -Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a) -Appeal with Board on new ground, appellant requests rehearing and make amends (1200 MPEP end of a paragraph on new ground I believe) -overcoming 102a, 102e and 103 with and without common ownership -Toy plane with Foil Wings (10.03.46p) -Japan/nonpublication request/45 days (10.03.44a/4.03.2a) variant -inventors die just after NOA, what will happen to patent (missing paying issue fee I assumed you ignored that) -147 Claim Counting (10.03.50a/4.03.28p) -AIA question: Old man in ER, idea for medical dispense. Wants USPTO to review <12 months...think this was on the new rules in the Biliski/KSR/AIA mentioned earlier -Indian Patent Agent filing out US patent app. (USPTO does not have stance, but export regs may applie. -Someone in india wrote US patt app & sent to US. Firm submits, notice allowance recied. Does indian person have duty to disclose material reference? Answer:? Yes, because she drafted the app -Shoe polish is found to help grow hair. How do you patent? Claim the METHOD of growing hair -A Claim limitation will NOT be presumed to invoke 35 USC 112 6th paragraph? – all of the above -KSR: Obvious to try requirements are the following EXCEPT: KSR supreme court said TSM are useful, but not required Which of the following most correct to claim domestic priority: 1st sentence of Spec OR Ads When can IDS be considered appropriate submission with RCE: AFTER ALLOWANCE Certificate of Correction prior to Reissue App- no marks in Reissue App Is patent office ever able to file, sua sponte, an RCE (if applicant states he authorizes payment of any fee to have considered an IDS that was filed after issue fee was paid)? NO -Electronic filing of Assignment and electronic signatures -When examining a continuation, does an examiner have to cite all the references from the parent and make them of record in the continuation? I said yes. I was surprised at the number of appeal questions (10 or so) and the lack of PCT (3-5) Finally Prometric info. The OKC prometrics is warm but not uncomfortable. I liked the location. I was unable to resize the question screen but could resize the MPEP. This made it more difficult to see both screens at the same time. If you are using the new Adobe Reader to see/search MPEP PDF, the Prometric MPEP has a similar bookmark menu to the left so practice using it. There are also other References available, I only used the Biliski/AIA/KSR for what I assumed were beta questions. In short, if you take the old exams 2000-2003 and look at the list of questions on this site, you will likely have few questions that surprise you. Good luck test takers. Preliminary Pass today!
I studied independently using Longacre’s book (not the questions books, just the MPEP review book) and this website to study over a 6 months period (mostly nights; weekends toward the end).
Longacr’s book: I give it a B. It is a good summary, but there are errors. The annoying errors are the questions that were out dated long before the 2010 publishing date. They will make you lose your mind. Skip his explanation of 102 e and the PCT material and just use the flow chart in 700.
Study regime: read the book chapter; read the corresponding MPEP chapter taking notes only on sections covered by the book; answered the questions at the end of each chapter in Longacre. After I read the entire Longacre book, thus finishing the MPEP (not including the indexes), I started taking the practice exams available on this site (starting with 2003 and going backwards, I did not make beyond 2000) while I re-read Longacre twice and attempted to re-read 700 (admittedly I only made it about half way before test day came.)
Important: Read the Exam Concepts and Questions section on this site well.
Between the old exams and the questions in the Exam Concepts and Questions section I only had 10 or so questions that were completely new.

Questions I remember off the top of my head
-Broom
-Tommie and Jo(4.00.23a/4.00.24a)
-Potter (both)
-KSR
-New Ex Parte Appeal material (read the Biliski/AIA/KSR material on this site and available at the gmail account) although I think these were probably beta
-Sweden
-Japanese and US inventor with Japanese language PCT electing Jap-Date an where it will go
-Where 19 amendments are filed and when (2 months and with the IB)
-nonsigner rights
-What can an assignee not of record sign for (small E)
Q21) Trade Secret Question
Q23) Broom
Q25) Electric Fan
Q31) Chemical Claim – except it was about depression not headaches
Q38) Piecemeal
Q10) Suspended Practitioner (sole pract.)
-CPA and reply to OA by fax
-Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a)
-Appeal with Board on new ground, appellant requests rehearing and make amends (1200 MPEP end of a paragraph on new ground I believe)
-overcoming 102a, 102e and 103 with and without common ownership
-Toy plane with Foil Wings (10.03.46p)
-Japan/nonpublication request/45 days (10.03.44a/4.03.2a) variant
-inventors die just after NOA, what will happen to patent (missing paying issue fee I assumed you ignored that)
-147 Claim Counting (10.03.50a/4.03.28p)
-AIA question: Old man in ER, idea for medical dispense. Wants USPTO to review <12 months…think this was on the new rules in the Biliski/KSR/AIA mentioned earlier
-Indian Patent Agent filing out US patent app. (USPTO does not have stance, but export regs may applie.
-Someone in india wrote US patt app & sent to US. Firm submits, notice allowance recied. Does indian person have duty to disclose material reference? Answer:? Yes, because she drafted the app
-Shoe polish is found to help grow hair. How do you patent? Claim the METHOD of growing hair
-A Claim limitation will NOT be presumed to invoke 35 USC 112 6th paragraph? – all of the above
-KSR: Obvious to try requirements are the following EXCEPT: KSR supreme court said TSM are useful, but not required
Which of the following most correct to claim domestic priority: 1st sentence of Spec OR Ads
When can IDS be considered appropriate submission with RCE: AFTER ALLOWANCE
Certificate of Correction prior to Reissue App- no marks in Reissue App
Is patent office ever able to file, sua sponte, an RCE (if applicant states he authorizes payment of any fee to have considered an IDS that was filed after issue fee was paid)? NO
-Electronic filing of Assignment and electronic signatures
-When examining a continuation, does an examiner have to cite all the references from the parent and make them of record in the continuation? I said yes.

I was surprised at the number of appeal questions (10 or so) and the lack of PCT (3-5)

Finally Prometric info. The OKC prometrics is warm but not uncomfortable. I liked the location. I was unable to resize the question screen but could resize the MPEP. This made it more difficult to see both screens at the same time. If you are using the new Adobe Reader to see/search MPEP PDF, the Prometric MPEP has a similar bookmark menu to the left so practice using it. There are also other References available, I only used the Biliski/AIA/KSR for what I assumed were beta questions.

In short, if you take the old exams 2000-2003 and look at the list of questions on this site, you will likely have few questions that surprise you. Good luck test takers.

]]> By: Keener http://mypatentbar.com/repeat-questions/#comment-42620 Keener Fri, 18 May 2012 23:37:17 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-42620 The best place for exam questions is under the Old Exams tab on this site. The best place for exam questions is under the Old Exams tab on this site.

]]> By: Keener http://mypatentbar.com/repeat-questions/#comment-42619 Keener Fri, 18 May 2012 23:35:00 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-42619 Searching reminds me of learning fractions, if feels like you'll never get until *pop* it starts working. After a bit of practice (and with writing the above) you'll be able to narrow it down to 1 or maybe 2 chapters. 700 and 2100 are common double. If you are looking up disclaimers or IDS there's more than one place you could look. If you know a 37 CFR #.### go to Appendix R if you can't find it in the chapter quick. Do 2 full tests (all of 2003 and 2002), and look up every question you get wrong ever part a,b,c,d&e. If you're not feeling better about where you need to go, re-read chapters or your study guide. Also reading the summaries of the chapters on this site helps. Searching reminds me of learning fractions, if feels like you’ll never get until *pop* it starts working. After a bit of practice (and with writing the above) you’ll be able to narrow it down to 1 or maybe 2 chapters. 700 and 2100 are common double. If you are looking up disclaimers or IDS there’s more than one place you could look.
If you know a 37 CFR #.### go to Appendix R if you can’t find it in the chapter quick.
Do 2 full tests (all of 2003 and 2002), and look up every question you get wrong ever part a,b,c,d&e. If you’re not feeling better about where you need to go, re-read chapters or your study guide. Also reading the summaries of the chapters on this site helps.

]]> By: Keener http://mypatentbar.com/repeat-questions/#comment-42617 Keener Fri, 18 May 2012 23:27:44 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-42617 I also did the same a zan until I had it down... although I shorten it to the essentials. I also did the same a zan until I had it down… although I shorten it to the essentials.

]]> By: Bfusion http://mypatentbar.com/repeat-questions/#comment-42613 Bfusion Fri, 18 May 2012 22:46:09 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-42613 Jude, Not yet. Still working on some issues... I'm trying guys! In the meantime, I'll keep trying to help out anyway I can! Jude, Not yet. Still working on some issues…

I’m trying guys! In the meantime, I’ll keep trying to help out anyway I can!

]]> By: ultrapotato http://mypatentbar.com/repeat-questions/#comment-42602 ultrapotato Fri, 18 May 2012 20:37:11 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-42602 Passed today on first try! Lots of repeats in the AM.....one or two in the PM. Appeals, restriction practice and obviousness were heavily tested. A handful of easy PCT and some tricky oath/declaration questions. Can't remember particular questions right now as my brain is fried. Although I took classes in patent law and claims drafting, I do owe a lot to all the helpful people here. Practice the 2003 exams! Good luck everyone! Passed today on first try! Lots of repeats in the AM…..one or two in the PM. Appeals, restriction practice and obviousness were heavily tested. A handful of easy PCT and some tricky oath/declaration questions. Can’t remember particular questions right now as my brain is fried. Although I took classes in patent law and claims drafting, I do owe a lot to all the helpful people here. Practice the 2003 exams!

Good luck everyone!

]]> By: barexam http://mypatentbar.com/repeat-questions/#comment-42590 barexam Fri, 18 May 2012 18:42:46 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-42590 Thank you Keener and best wishes for your exam. I was just curious to know how much does each chapter be helpful with respective keyword when you may not be so sure that the question belong to which particular chapter. However as you mentioned I will practice that and see how best i can get hands on the MPEP for searching answers. Thank you so much for sharing . Best wishes, Thank you Keener and best wishes for your exam. I was just curious to know how much does each chapter be helpful with respective keyword when you may not be so sure that the question belong to which particular chapter. However as you mentioned I will practice that and see how best i can get hands on the MPEP for searching answers.

Thank you so much for sharing .
Best wishes,

]]> By: barexam http://mypatentbar.com/repeat-questions/#comment-42589 barexam Fri, 18 May 2012 18:41:39 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-42589 Thank you Keener and best wishes for your exam. I was just curious to know how much does each chapter be helpful with respective keyword when you may not be so sure that the question belong to which particular chapter. However as you mentioned I will practice that and see how best i can get hands on the MPEP for questions. Thank you so much for sharing . Best wishes, Thank you Keener and best wishes for your exam. I was just curious to know how much does each chapter be helpful with respective keyword when you may not be so sure that the question belong to which particular chapter. However as you mentioned I will practice that and see how best i can get hands on the MPEP for questions.

Thank you so much for sharing .
Best wishes,

]]> By: zan http://mypatentbar.com/repeat-questions/#comment-42571 zan Fri, 18 May 2012 16:29:11 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-42571 Every time I sit down to study, I write out 102, 103, and 112. Would you recommend writing this cheat sheet when I sit for the exam - like a brain dumping in the first 15 min tutorial? Every time I sit down to study, I write out 102, 103, and 112. Would you recommend writing this cheat sheet when I sit for the exam – like a brain dumping in the first 15 min tutorial?

]]> By: Keener http://mypatentbar.com/repeat-questions/#comment-42563 Keener Fri, 18 May 2012 15:46:06 +0000 http://patentbar.wordpress.com/repeat-questions/#comment-42563 barexam, I am taking the test on Sunday and practicing the old test exam will help you. You'll find many references on this site to writing down the chapters of the MPEP, this is a good start, but a bit unnecessary since the pull down menu has the title of the chapter with the #. So I went thought my study guide and noted the following: I write this list everytime I sit down to study. Start with direct copying and eventually you'll be writing it off the cuff. Beyond this I takes practice. 1-Secrecy, Access (big 4) Nat. Security, FF License 2-TAP-Type of App, ACE ADAADA 1.48(deals with change in inventors), Priority 3- Ownership/assignment 4-REP-Rep of owner/inventor 1.47, Ethics, POA 5-Mailing, Filing requirements, Small E, fees(envision a mailing letter with the the To address for Filing reqs,the return address is from a Small Enitity, stamp stands for the fees) 6-OOhMIParts--Parts of Application, Oath, Omitted Items, MDC, IDS 7-SPEND-Special, Public Use, Examination, New Matter, Disclaimer 8-RR-DP (rap 8 to the R to the R to the D to the P) 9-Classy Prior art- canceled material(envision the number 9 in a top hat with not place to go) 10- Who decides (envision a question mark with a 10 for the period) 11- (S1R)- SIR, publications, all pubs, non pub request and pre-grant 12-Appeal 13-Allowance pay late, Issuance rescind 14-CoRD- CoC, Reissue (enlarge) Disclaimer 15-Design 16- Plant 17- Misc --Miss comment from examiner, Examiner misses out on testifying 18-PCT 19-Protest 292 Public use (envision public toilet with 292 inside), 291 citations, 1.99 after pub cites 20-IDS 21-patentable, 112, 101, claims types/phrases, diligence 22-Ex P Reexam, 1.501 (the levis' jeans size 22) 23- Interference 24-Bio (2 dozen eggs) 25- 25 cents- Maintenance (mntc) fees 26-Inter P Reexam Nov 29-1999 27- Patent term, term ext, PTA Jun 8 1995. The parts in () are the pictorials I used to speed memory. In the end looking up the answers I got wrong on the pract exams helped. If you get it wrong at least feel better now that you know where to find it. Hope this helps. barexam, I am taking the test on Sunday and practicing the old test exam will help you. You’ll find many references on this site to writing down the chapters of the MPEP, this is a good start, but a bit unnecessary since the pull down menu has the title of the chapter with the #. So I went thought my study guide and noted the following: I write this list everytime I sit down to study. Start with direct copying and eventually you’ll be writing it off the cuff. Beyond this I takes practice.
1-Secrecy, Access (big 4) Nat. Security, FF License
2-TAP-Type of App, ACE ADAADA 1.48(deals with change in inventors), Priority
3- Ownership/assignment
4-REP-Rep of owner/inventor 1.47, Ethics, POA
5-Mailing, Filing requirements, Small E, fees(envision a mailing letter with the the To address for Filing reqs,the return address is from a Small Enitity, stamp stands for the fees)
6-OOhMIParts–Parts of Application, Oath, Omitted Items, MDC, IDS
7-SPEND-Special, Public Use, Examination, New Matter, Disclaimer
8-RR-DP (rap 8 to the R to the R to the D to the P)
9-Classy Prior art- canceled material(envision the number 9 in a top hat with not place to go)
10- Who decides (envision a question mark with a 10 for the period)
11- (S1R)- SIR, publications, all pubs, non pub request and pre-grant
12-Appeal
13-Allowance pay late, Issuance rescind
14-CoRD- CoC, Reissue (enlarge) Disclaimer
15-Design
16- Plant
17- Misc –Miss comment from examiner, Examiner misses out on testifying
18-PCT
19-Protest 292 Public use (envision public toilet with 292 inside), 291 citations, 1.99 after pub cites
20-IDS
21-patentable, 112, 101, claims types/phrases, diligence
22-Ex P Reexam, 1.501 (the levis’ jeans size 22)
23- Interference
24-Bio (2 dozen eggs)
25- 25 cents- Maintenance (mntc) fees
26-Inter P Reexam Nov 29-1999
27- Patent term, term ext, PTA Jun 8 1995.

The parts in () are the pictorials I used to speed memory. In the end looking up the answers I got wrong on the pract exams helped. If you get it wrong at least feel better now that you know where to find it.
Hope this helps.

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