Exam Questions

Q) Claiming, Deleting and Reclaiming a Benefit Claim

May 7, 2007

Test takers report two questions on how to extend your patent life by deleting a claim of benefit and a variant about reclaiming benefit.  (MPEP 200/700, Extend Patent Term) Question 1 –   Test takers report a question involving “Joe Blockhead.” Fact pattern: you represent Joe Blockhead who files a nonprovisional application which claims the […]

47 comments Read the full post →

Q) Obviousness (MPEP 2100, In Progress)

May 6, 2007

Obviousness (General) USPTO policy is to follow Graham v. John Deere Co. in the consideration and determination of obviousness under 35 U.S.C. 103. The four factual inquires enunciated therein as a background for determining obviousness are as follows: (A) Determining the scope and contents of the prior art; (B) Ascertaining the differences between the prior […]

39 comments Read the full post →

Q) PCT (MPEP 1800/600, Amending the Abstract)

May 5, 2007

Test takers report question about amending the abstract. Specifically, one test taker reported a question about the International Searching Authority writing someone’s abstract and what could be done to amend it when the applicant didn’t think it was well written. [See PCT – Amendment of Abstract – MPEP 1844.01] Answer: The International Searching Authority shall […]

23 comments Read the full post →

Q) Tribell 10.03.16a

May 4, 2007

(MPEP 1400, Broadening Reissue) Question #16 from the October 2003 (AM) patent bar exam is in the Prometric database. Recent test takes have noted that the inventor, Tribell, is periodically swapped out with another name. 16. Tribell files a patent application for her aroma therapy kit on November 29, 1999, which issues as a patent […]

31 comments Read the full post →

Q) Mirror (MPEP 2100, Inherent Function)

May 3, 2007

Test takers report a question involving whether the reflective qualities of a mirror should be included in the specification. You were to choose from a list of choices that comported with USPTO practice and procedure. Among the answers (from memory): (A) Because the definition of mirror automatically includes its reflective qualities, there is no need […]

44 comments Read the full post →

Q) Titanium Baseball (MPEP 2100, Public Use or Printed Publication)

May 2, 2007

Recent test takers report a Titanium/Museum Baseball Question in the Prometric database. Actually, there are two variants of this question which, in my opinion, supports that this question is or was a beta test. The first variant displays a baseball in a museum (public use), while the second (and more recent) variant displays a brochure […]

44 comments Read the full post →

← Previous Entries

Next Entries →