Exam Concepts

Q) Original disclosure (10.02.16p)

April 28, 2009

(A) An amendment to the specification changing the definition of “holder” from “is a hook” to “is a hook, clasp, crimp, or tong” and no amendment is made of the claim, which uses the term “holder.” The amendment is filed one month after the application was filed. There was no previous supporting disclosure in the […]

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Q) Provisional Patents (10.02.14p)

April 28, 2009

(A) File a request to convert the provisional application to a nonprovisional application, accompanied by a proper executed declaration, an amendment including at least one claim as prescribed by paragraph 2 of 35 USC 112 and the proper fee set forth in 37 CFR 1.17(i). (C) File a request to convert the provisional application to […]

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Q) 35 USC 112 p1 (10.02.8p)

April 28, 2009

(A) Applicant amends claim 2 of the originally filed application by adding a limitation which was previously written only in claim 1 of the originally filed application, and one of ordinary skill in the art is enabled by the original disclosure to make and use the invention as claimed in amended claim 2. (C) Applicant […]

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Q) Duty to disclose (10.02.5p)

April 28, 2009

(A) An inventor named in the application who relies on a patent attorney to prepare and prosecute the application. (C) An agent who prepares the application. (E) A person, who is not an inventor named in the application, who is substantively involved in the preparation and prosecution of the application, and who is associated with […]

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Q) 35 USC 119(a) (10.02.1p)

April 28, 2009

(A) Where joint inventors are named, the examiner should not inquire of the patent applicant concerning the inventors and the invention dates for the subject matter of the various claims until it becomes necessary to do so in order to properly examine the application. (C) Where two or more foreign applications are combined in a […]

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Q) Dead Inventors (10.02.30a)

April 28, 2009

(A) The inventor is deceased, and the application is made by the legal representative of the deceased inventor. (C) The inventor is a minor (under age 18) who understands and is willing to execute the declaration, but the application is made by the minor’s legal representative. (E) The inventor is legally incapacitated, and the application […]

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