Q) Written Description (10.01.14a)

September 4, 2008

14. Which of the following is not in accord with proper USPTO practice and procedure? (A) A written description as filed in a nonprovisional patent application is presumed adequate under 35 U.S.C. § 112 in the absence of evidence or reasoning to the contrary. (B) An examiner may show that a written description as filed […]

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Q) Final Office Action (10.01.11a)

September 4, 2008

11. In which of the following final Office action rejections is the finality of the Office action rejection proper? (A) The final Office action rejection is in a second Office action and uses newly cited art under 35 U.S.C. § 102(b) to reject unamended claims that were objected to but not rejected in a first […]

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Q) 35 USC 101

September 4, 2008

6. In connection with the utility of an invention described in a patent application, which of the following conforms to proper USPTO practice and procedure? (A) A deficiency under 35 U.S.C. § 101 also creates a deficiency under 35 U.S.C. § 112, first paragraph. (B) To overcome a rejection under 35 U.S.C. § 101, it […]

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Q) MEGACORP (10.01.5a)

September 4, 2008

5. You have agreed to represent an independent inventor in connection with a patent application that was filed in the USPTO by the inventor on a pro se basis. As filed, the application included a detailed written description that, when viewed together with four accompanying color photographs, enabled one of ordinary skill in the pertinent […]

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Q) Sally, Ted and Spot Remover (4.01.10p)

September 4, 2008

10. Sally, an employee of Ted, conceived of and reduced to practice a spot remover for Ted on May 1, 1998. Sally’s spot remover was made from water, chlorine, and lemon juice. On June 2, 1998, Sally filed a nonprovisional U.S. patent application for the spot remover, and assigned the entire rights in the application […]

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Q) Jack and Jill in Vietnam (4.01.40a)

September 4, 2008

40. In June 1998, Jack and Jill, a married couple, are vacationing in Vietnam (not a WTO country) when they encounter a man selling bamboo knives for cleaning fish. The particular curvature of the bamboo both lends support to the knife to prevent it from bending and breaking and facilitates cleaning inside the fish. Jill […]

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