Isaac
Senior Member
Posts: 3472
|
 |
Re: Holy Crap! What do I just do!???
« Reply #3 on: Aug 18th, 2006, 1:29pm » |
 Quote  Modify
|
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?    |
|
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.
|
Forums
Help
Search
Members
Calendar
Login
Register
Reply
Send Topic
Print
Author
Remove
IP Logged