Q) 102 dates (10.02.17a)

August 25, 2008

17. Which of the following statements is true? (A) In the context of 35 USC 102(b), a magazine need only be placed in the mail to be effective as a printed publication. (B) The earliest date declassified printed material may be taken as prima facie evidence of prior knowledge under 35 USC 102(a) is as […]

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Q) 102(f) (4.00.44p)

August 25, 2008

44. Which of the following statements best correctly describes current PTO practice and procedure? (A) Where a patent discloses subject matter being claimed in an application undergoing examination, if the patent’s designation of inventorship differs from that of the application, then the patent’s designation of inventorship does not raise a presumption of inventorship regarding the […]

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Q) 102(b) dates (4.00.41p)

August 25, 2008

41. Which of the following may not be properly used as prior art for purposes of rejecting a claim under 35 U.S.C. § 102(b) in an application having an effective filing date of Monday, May 3, 1999? (A) A journal article, published Saturday, May 2, 1998, disclosing all the claimed elements and fully teaching how […]

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Q) Grape Squeezing (4.00.21p)

August 25, 2008

21. Mr. Roberts, an American citizen touring a vineyard, saw a unique grape-squeezing machine in France. The machine was highly efficient, and produced excellent wine. The vineyard owner was not hiding the machine. It was out of public view and was the only one of its kind. The vineyard owner had built it himself several […]

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Q) Federal Court Decisions binding for Office (4.00.19p)

August 25, 2008

19. Which of the following is true? (A) A final decision by a United States District Court finding a patent to be invalid will have no binding effect during reexamination since the PTO may still find the claims of the patent to be valid. (B) A final decision by a United States District Court finding […]

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Q) Bird Watching (10.02.18a)

August 22, 2008

18. While traveling through Germany (a WTO member country) in December 1999, Thomas (a Canadian citizen) conceived of binoculars for use in bird watching. The binoculars included a pattern recognition device that recognized birds and would display pertinent information on a display. Upon Thomas’ return to Canada (a NAFTA country) in January 2000, he enlisted […]

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