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   fixing 102(g) issues
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   Author  Topic: fixing 102(g) issues  (Read 531 times)
Bam
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fixing 102(g) issues
« on: Feb 10th, 2006, 9:57am »
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Any way to narrow claims to avoid possible 102(g) prior activity before litigating?
 
Doesn't seem possible via reexamination (this can only be instigated in relation to published art).
 
Seems somewhat ironic that published material can be possibly sidestepped via claim amendment but not private activity.
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Wiscagent
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Re: fixing 102(g) issues
« Reply #1 on: Feb 10th, 2006, 10:20am »
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Perhaps as part of the prior activity there were advertising or technical brochures published.  Those documents might qualify as prior art for reexam purposes.
 
- Richard Tanzer
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Richard Tanzer
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JimIvey
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  jamesdivey  
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Re: fixing 102(g) issues
« Reply #2 on: Feb 10th, 2006, 10:26am »
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I think reissue can be used for any reason, so long as you don't try to broaden the claims after 2 years and the error was without deceptive intent.
 
Regards.
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James D. Ivey
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