700 Questions and Situations Flashcards
(33 cards)
All acts defining prior art under PRE-102(a) must be
by another
On sale of AIA 102 (s) must be an offer to sell ____
embodiment of invention
AIA 102(d) requires that the application be ___ and ____
A prior invention is not prior art under 102 (a) if it has been ______
effiective filing of US published application, US issued patents, PCT that designate US as recieving office or filed on or after 11/29/2000
Disqualification of Prior Art is done by filing a declaration or affidavit under
Rule 1.130
A showing of obviousness using TSM rationale requires
Teaching
Suggesting
Motivation
New matter can ____ be added to a patent application
Never
Patentable subject matter is defined in 35 USC ___ as____
35 USC 101
Process
Machine
Composition
Manufacture
After a Final Rejection the applicant has a right to ______
cancel claims
conform to examiners requests
rewrite to amendable form
If a response to a final office action is filed within 2 months of the date mailed _______ or ________ whichever occurs first
then the deadline for response is extended to the date of when advisory action is mailed or 6 months of deadline
For an action setting a shortened statutory period of three months in the event of failure to respond, abandonment occurs ________________
the following day
longest extension possible under 27 CFR 136 (a) is
5 months
the date an application becomes abandoned for failure to respond to an outstanding action is
day after the response period
all deadlines on appeal are
set at 2 months
revival under the unintentional standard requires
statement and a large fee
a terminal disclaimer is required to revive
design (fixed term)
and pre june 8 1995 applications
a ____ amendment is filed before any official action and a ____ amendment is filed after a response to a first official action has been filed
preliminary
supplimental
What would be the most appropriate course of action to take to respond to the examiners action?
(i) rejection of claims
(ii) objected to new matter
(iii) required a substitute specification
need to respond to the all individual rejections
when do you file a petition
final office action
request to withdraw an objection
when do you file a request for reconsideration
for an examiners requirement
can do this for a first office action
when do you appeal an objection
never
How to approach a 35 USC 103 rejection
- predate
- argue the patentability of claims with regard to the teachings of both references individually and in combination
What would constitute new matter? 35 USC ___
35 USC 132
amending the specification
a petition for to suspend prosecution cannot be filed
the action is outstanding
