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   Working for the USPTO
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   Author  Topic: Working for the USPTO  (Read 342687 times)
WaitingGame
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Re: Working for the USPTO
« Reply #1235 on: Nov 12th, 2007, 8:12am »
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I applied over six weeks ago through USAJobs.  The only response I received was a "Notice of Results (NORs)" that informed me I was eligible.  Nothing since then.  I listed my eligibility as beginning of 2008 which is fast approaching.
 
I would have hoped to have heard something by now.  Is it time to send a single email to the listed contact for my area?  And what are the start dates of the upcoming academies?  Thanks for any replies.
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guestabcdefghijk....
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Re: Working for the USPTO
« Reply #1236 on: Nov 13th, 2007, 7:37pm »
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on Nov 12th, 2007, 8:12am, WaitingGame wrote:
I applied over six weeks ago through USAJobs.  The only response I received was a "Notice of Results (NORs)" that informed me I was eligible.  Nothing since then.  I listed my eligibility as beginning of 2008 which is fast approaching.
 
I would have hoped to have heard something by now.  Is it time to send a single email to the listed contact for my area?  And what are the start dates of the upcoming academies?  Thanks for any replies.

 
Expect to play the waiting game a lot longer.  It took me 6 months to get an interview, then 3 more months for them to decide to close my vacancy while they strung me along by telling me I was on the referral list each time I contacted them.
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danny danny
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Re: Working for the USPTO
« Reply #1237 on: Nov 14th, 2007, 7:38pm »
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My question is mainly directed to Patent Examiners but whom ever can lend a hand, please help.
 
I am a new Patent Examiner at the USPTO and I was wondering how 35 USC 102(e) works. Here are my questions.
 
1. Do you take the filing date of the reference and compare it to the filing date of the patent application to determine if it is a 35 USC 102(e) rejection? OR
 
2. Do you take the filing date of the reference and compare it to the publication date of the patent application to determine if it is a 35 USC 102(e) rejection?
 
3. How do you determine if a reference is a 102(b)?
 
Thanks in advance.
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mk1023
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Posts: 52
Re: Working for the USPTO
« Reply #1238 on: Nov 14th, 2007, 8:09pm »
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on Nov 14th, 2007, 7:38pm, danny danny wrote:
My question is mainly directed to Patent Examiners but whom ever can lend a hand, please help.
 
I am a new Patent Examiner at the USPTO and I was wondering how 35 USC 102(e) works. Here are my questions.
 
1. Do you take the filing date of the reference and compare it to the filing date of the patent application to determine if it is a 35 USC 102(e) rejection? OR
 
2. Do you take the filing date of the reference and compare it to the publication date of the patent application to determine if it is a 35 USC 102(e) rejection?

None of the above. You take the priority date of your reference (which could extend to a PCT if the PCT was filed in English and designated the US; do not consider any foreign priority of the reference) and compare it with the priority date of your application (which could extend to a PCT if the PCT was filed in English and designated the US; give your application benefit of foreign priority if it exists)
 
My trainer gave me a flowchart for evaluating references for 102(e). I have it in a word file on my computer at work. If I can remember I'll try to post it for you.
 
 
3. How do you determine if a reference is a 102(b)?
If it was published more than one year before the effective filing date of your application.
For the effective filing date consider only priority to U.S. applications or PCTs that were filed in English and designated the United States.
 
 
 
Note, you only consider the PCT filing date if the PCT was filed after Nov. 29, 2000. Otherwise you consider the 371 date.
 
 
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danny danny
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Re: Working for the USPTO
« Reply #1239 on: Nov 14th, 2007, 8:20pm »
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What do you mean by "priority date"? Do you mean the filing date of the patent application and the reference?
 
Do you mind giving some examples?
 
For example:
 
Lets assume that my patent application's filing date is 1/1/2007 and there is no prior benefit to any other patent applications or patents. Now lets assume I have a reference that has a filing date of 12/29/2006. Do I compare the filing date of my reference with the filing date of my patent application to determine a 35 USC 102(e) rejection? Would this reference be considered a 35 USC 102(e) reference for my rejection?
 
I get confused whether I should compare the filing date of my reference with the filing date of the patent application or the patent applications publication date.
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