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   Holy Crap!  What do I just do!???
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   Author  Topic: Holy Crap!  What do I just do!???  (Read 896 times)
Screwed myself
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Holy Crap!  What do I just do!???
« on: Aug 18th, 2006, 12:13pm »
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I inadvertantly filed a summary of my invention in an IDS.  It discloses the crux of my invention.  Truly, it is not prior art but now I have said that it is.  What can I do to save my behind?   Huh Embarassed Shocked
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Jonathan
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Re: Holy Crap!  What do I just do!???
« Reply #1 on: Aug 18th, 2006, 12:51pm »
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See 724.05 Petition To Expunge Information or Copy of Papers in Application File
 
http://www.uspto.gov/web/offices/pac/mpep/documents/0700_724_05.htm
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Screwed myself
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Re: Holy Crap!  What do I just do!???
« Reply #2 on: Aug 18th, 2006, 1:15pm »
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Thank you!!!
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Isaac
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Re: Holy Crap!  What do I just do!???
« Reply #3 on: Aug 18th, 2006, 1:29pm »
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on Aug 18th, 2006, 12:13pm, Screwed myself wrote:
I inadvertantly filed a summary of my invention in an IDS.  It discloses the crux of my invention.  Truly, it is not prior art but now I have said that it is.  What can I do to save my behind?   Huh Embarassed Shocked

 
Are you routinely describing references submitted on an IDS as being prior art?   There is no need to due so.
 
Simply listing a reference on an IDS is not an admission that the reference is prior art.   In fact there is some case law (that I don't suggest relying on) suggesting that even when boilerplate on the 1449 says that the submitted references are prior art, the boilerplate is not dispositive of the issue.
 
Maybe that will bail you out if the petition does not work.
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Isaac
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