Flashcards in Amendment and Prosecution Review Deck (14)
Background of Invention Section of Application
1. Field of Use statement
2. Background of prior art
**Typically short and small.
**You don't want to make what you're doing trivial
Field of Use Statement
Don't say too much.
General description of the invention.
Background of Prior Art
NEVER USE "Prior Art"
You may be able to get around things by avoiding admissions.
Focus on what prior art teaches.
The Summary of the Invention Section of Application
1. What is it that the invention has to have in a broad generic claim;
2. Describe the difference embodiments
**Avoid "Invention is..."
**Describe in a nutshell
Goal of the Summary
Plain English description of the invention.
Description of the Drawing Section of Application
Listing the drawings.
Caption of the drawing.
**More figures than not
Detailed Description Section of Application
Hip bone is connected to the thigh bone.
Not limited to what is in the drawing.
What do you do after Restriction Notice?
1. Elect with traverse
2. Elect without traverse
**Challenge it immediately
Electing but challenging
What happens if the Examiner puts a restriction a second time?
You can petition the commissioner. **Rare
Examiner's discretion with restrictions.
What can happen within 1 months of restriction requirement?
1. Examiner should call.
2. You can acquiesce
3. Restriction does not have to be mailed.
Withdraw a Claim
Not totally removing it.
If you withdraw them they are not added later.