Exam Questions

Q) TP Submissions

August 1, 2008

What are the requirements for TP submissions?

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Q) 102 and 103 Rejections

August 1, 2008

An Examiner can make both 102/103 rejections. When shouldn’t he make both?

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Q) PCT (MPEP 1800, Mexican Nationals)

December 20, 2007

Test takers report a question regarding foreign prioirty and Mexican Nationsal. This question is ssometimes confused with the “Spanish Phone” question. Foreign Prioirty Three people in Mexico apply for a patent in Spanish at the Mexican Patent Office. Two people are Mexican native, but reside in the U.S. (Mexican nationals), and one is a U.S. […]

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Q) Small Entity Status (MPEP 500, Multiple Questions)

December 17, 2007

Question 1 Who can claim small entity status? Questions dealing with small entity status can ask you to pick out an organization that can never have small entity status. An example would be: Which of the following can never be considered a small entity? A. A University with 500 students that receives 37% of its […]

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Q) Velcro (MPEP 700, Trademarks in Claims)

December 13, 2007

The Velcro trademark question deals with the rules about including trademarked names in an application. Trademarks are not allowed in claims (see 706.03(d)) but they ARE allowed in the specification (see 608.01(v)).   Fact Pattern A claim in a pending application was amended to define “a VELCRO fastener” as one of the elements. The specification […]

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Q) Smith over Jones, Appeal (10.03.45p)

December 6, 2007

Smith over Jones tests appeals MPEP 1200 and is reportable in the Prometric database. It is a repeat question (10.03.45p). 45. A patent application has claims 1-10 pending. Claims 1 and 7 are independent claims. Claims 2-6 depend directly from claim 1 while claims 8-10 depend directly from claim 7. Claims 1-10 have been twice […]

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