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   Notice to Filing MP + Preliminary Amendment
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nottosure
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Notice to Filing MP + Preliminary Amendment
« on: Sep 5th, 2006, 3:12pm »
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Question for the forum,
    I have just received a notice to filing missing parts, just for fees.   I assume I can just send in my credit card info to cover this.  However, I have noticed that there are 6 independent claims,  3 of which are HORRIBLELY written.  I want to cancel those claims.  How do I do this?   Is this called a preliminary amendment?
My total fees are 480, if I cancel the claims, they will be 180 right?
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TataBoxInhibitor
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Re: Notice to Filing MP + Preliminary Amendment
« Reply #1 on: Sep 5th, 2006, 3:31pm »
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Yes.   You can use PTO 2038 for the credit card transaction.    
 
Yes.  You can file a preliminary amendment. A preliminary amendment filed concurrently with a response to a Notice To File Missing Parts, which cancels or adds claims, will be takne into account in determining the appropriate fees due in response to the NTFMP.
 
The PTO will calculate your fees.   Each independent claim over 3, is $100.   So, if you owed $480.00, you would then owe $180.00. Hope this helps.
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nottosure
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Re: Notice to Filing MP + Preliminary Amendment
« Reply #2 on: Sep 5th, 2006, 5:57pm »
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thank you for the reply.   would you happen to know how a preliminary amendment is set up, what are the sections needed in the response or how it is supposed to look?
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TataBoxInhibitor
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Re: Notice to Filing MP + Preliminary Amendment
« Reply #3 on: Sep 6th, 2006, 9:39am »
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A preliminary amendment is pretty much the same set up as a regular respose to an office action.
 
 
Also, I was talking with an examiner today and I was told that after you have recieved a filing date, if you file a preliminary amendment canceling claims, you will NOT receive a reduction in fees.    
 
Hopefully someone else here will know the answer to this.
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TataBoxInhibitor
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Re: Notice to Filing MP + Preliminary Amendment
« Reply #4 on: Sep 6th, 2006, 10:09am »
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I am guessing the examiner is wrong.   I have found a few sections in the MPEP that state was I said previously.  I guess the other question is, if you received a notice to file missing parts, and already paid your fees, do you get a refund if you file a preliminary amendment, canceling claims.
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