Q) Multiplicity

August 19, 2008

I recall the multiplicity question being related to a non-provisional App w/ one utility claim and more than 900 claims covering small ornamental differences.  Indeed, that question’s answer involved an examiner calling the applicant by phone w/ suggestion that the applicant select a few claims for examination. Multiplicity question – applicant has one utility claim […]

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Q) Rejection After Allowance

August 19, 2008

Rejection after Allowance Examiner finds a new prior art reference based on which the claim should be rejected – but the notice of allowance has already been sent. Now what? 1308.01 Rejection After Allowance [R-2] A claim noted as allowable shall thereafter be rejected only with the approval of the primary examiner. Great care should […]

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Q) Maintenance Fee Paid / Check Returned

August 19, 2008

One question deals with a maintenance fee that was paid, but the patent was not identified correctly with the payment, so the USPTO mailed the check back. Answer options refer to 37 CFR 1.377. Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent and 37 […]

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Q) Missing Parts (30 days) – PCT

August 18, 2008

One questions ask what to do with a PCT app where there were two missing parts of the spec, and the applicant filed them at two intervals. The international filing date will be the date the timely filed filed correction is received by the receiving office. MPEP 1810 Answer: There are only 30 days to […]

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Q) Assignment

August 18, 2008

Question 1 Which documents can an assignee not of record sign?  One question was, what things can an assignee sign, if he has never properly recorded his ownership? Answer: Small Entity Status only MPEP 324 VII. WHEN OWNERSHIP NEED NOT BE ESTABLISHED Examples of situations where ownership need not be established under 37 CFR 3.73(b) […]

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Q) User Pass

August 8, 2008

The “User Pass” question relates to “REGULATIONS FOR THE PUBLIC USE OF RECORDS IN THE PATENT SEARCH ROOM OF THE U.S. PATENT AND TRADEMARK OFFICE”, MPEP Section 510. A previous poster on this thread mentioned it, and I remember seeing the same (or similar) question. (This was pretty easy to find by looking up “User […]

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