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10 Cards in this Set
- Front
- Back
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Review Of New Matter Objections And Rejections
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New matter both rejected and objected is APPEALLABE not PETITION.
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Final Rejection – Time For Reply
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If applicant replies w/i 2 months after mailing final rejection and an Advisory Action is mailed after 3-month shortened statutory period, extension fee is counted from the date of the mailing AA.
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37 CFR § 1.85(a) - Correction of drawing
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Correcting the drawings to comply with 37 CFR § 1.84(a)(1) and (k), and making them suitable for reproduction is a bona fide response
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Minimum Requirements for an IDS
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NO information in the IDS be disclosed w/i 3 months from IDS filing date.
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Capture Bibliographic Information in ADS
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ADS errors may be recaptured by request, supplemental ADS submission, and oath/declaration under 37 CFR § 1.63 or § 1.67/letter pursuant to 37 CFR 1.33(b).
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Affidavit Practice - 37 CFR 1.132
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Disclosure of factual evidence of time, effort and knowledge required for the practice of invention can rebut a prima facie case of nonenablement rejection.
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Impermissible Recapture
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Exists if the limitation being omitted or broadened was originally presented/argued/stated to overcome objection/rejection
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Continuation Application
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Filed under 35 USC 111(a) with new and proper specification, any necessary drawings, signed declaration and all required fees.
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Continued status of small entity.
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Continuation, divisional, or CIP application, including a CPA or reissue application requires a new assertion of small entity status.
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A Product Appearing To Be Substantially Identical Is Found And A 35 U.S.C. 102/103 Rejection Made
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Although produced by a different process, the burden shifts to applicant to prove an unobvious difference between claimed product and prior art.
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