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   Q11 and 12, April 2002 Am
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mattnlaw
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Q11 and 12, April 2002 Am
« on: Jul 2nd, 2007, 1:46pm »
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Could anyone please explain why the answers are 'B' and 'E' for Q11 and Q12?
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MrSnuggles
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Re: Q11 and 12, April 2002 Am
« Reply #1 on: Jul 2nd, 2007, 1:51pm »
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If you post the questions, I may be able to help.
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mattnlaw
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Re: Q11 and 12, April 2002 Am
« Reply #2 on: Jul 2nd, 2007, 2:01pm »
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Questions 11 and 12 are based on the following factual background. Consider questions
11 and 12 independently of each other.
Applicant files a patent application in Japan on February 28, 1996. Applicant files a PCT
international application designating the United States on February 27, 1997, based on
the Japanese application. The international application is published in English on August
28, 1997. The international application enters the national stage in the United States on
August 28, 1998. The USPTO publishes the application on June 7, 2001 at the request of
the applicant. The application issues as a United States patent on December 4, 2001.
 
11. When examining an application filed on or after November 29, 2000 or any
application that has been voluntarily published, what is its earliest possible prior art date,
for the June 7th U.S. published application in view of 35 U.S.C. § 102(e) as amended by
the American Inventors Protection Act of 1999?
(A) February 28, 1996.
(B) February 27, 1997.
(C) August 28, 1997.
(D) August 28, 1998.
(E) June 7, 2001.
 
12. For the United States patent, what is the patent’s earliest date, for prior art
purposes as a patent, in view of the amendment to 35 U.S.C. § 102(e) by the American
Inventors Protection Act of 1999?
(A) February 28, 1996.
(B) February 27, 1997.
(C) August 28, 1997.
(D) August 28, 1998.
(E) December 4, 2001
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jman63
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Re: Q11 and 12, April 2002 Am
« Reply #3 on: Jul 2nd, 2007, 2:18pm »
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on Jul 2nd, 2007, 2:01pm, mattnlaw wrote:
Questions 11 and 12 are based on the following factual background. Consider questions
11 and 12 independently of each other.
Applicant files a patent application in Japan on February 28, 1996. Applicant files a PCT
international application designating the United States on February 27, 1997, based on
the Japanese application. The international application is published in English on August
28, 1997. The international application enters the national stage in the United States on
August 28, 1998. The USPTO publishes the application on June 7, 2001 at the request of
the applicant. The application issues as a United States patent on December 4, 2001.
 
11. When examining an application filed on or after November 29, 2000 or any
application that has been voluntarily published, what is its earliest possible prior art date,
for the June 7th U.S. published application in view of 35 U.S.C. § 102(e) as amended by
the American Inventors Protection Act of 1999?
(A) February 28, 1996.
(B) February 27, 1997.
(C) August 28, 1997.
(D) August 28, 1998.
(E) June 7, 2001.
 
12. For the United States patent, what is the patent’s earliest date, for prior art
purposes as a patent, in view of the amendment to 35 U.S.C. § 102(e) by the American
Inventors Protection Act of 1999?
(A) February 28, 1996.
(B) February 27, 1997.
(C) August 28, 1997.
(D) August 28, 1998.
(E) December 4, 2001

 
 
11. 35 U.S.C. § 102(e)(1) provides that a USPTO
published application, based on an earlier international application, has prior art effect as of its
international filing date, if the international application designated the United States, and was
published in English. Because in the above fact pattern, the international application designated
the United States and was published in English, the USPTO published application is entitled to
its international filing date of February 27, 1997 for prior art purposes.
 
12. 35 U.S.C. § 102(e)(2), as amended by the
American Inventors Protection Act, provides that a United States patent is prior art as of its
earliest filing date in the United States. Section 102(e)(2) also specifically notes that a patent is
not entitled to any international application filing date for prior art purposes. Because in the
above fact pattern, no application was ever filed in the United States, the patent is not entitled to
any prior art date earlier than its issue date, December 4, 2001.
 
hope this helps
« Last Edit: Jul 2nd, 2007, 2:20pm by jman63 » IP Logged
mattnlaw
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Re: Q11 and 12, April 2002 Am
« Reply #4 on: Jul 2nd, 2007, 2:30pm »
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Thank you for your help, but i thought the standard date for 102(e) date is 11/29/2000. According to the fact pattern, IA date is 2/27/97 so i think there should be fee, oath, and translation in order to be qualified as 102(e) date...
Any comments?
Thank you!
« Last Edit: Jul 2nd, 2007, 2:31pm by mattnlaw » IP Logged
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