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   Suggesting Interference Question
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   Author  Topic: Suggesting Interference Question  (Read 1187 times)
datuk
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Posts: 37
Re: Suggesting Interference Question
« Reply #5 on: Sep 23rd, 2006, 11:43pm »
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Yes, I am appealing the decision as I am not satisfied with the decision by the examiner. Actually there is also a 101 rejection as well based on inoperative.
 
Secondly, my application was filed 2 years before US Pat 7040539, so I am pretty confident here if an interference is decided. The only problem is that any interference must be caused within the 1 year period from the issuance date (May 2006). Therefore by  rejecting my claim, it still will not cause interference as by definition interference could only be caused when the examiner allowed the claim. So I presume the examiner may be trying to delay this, if he knows what he is doing. Another examiner tried another trick which is to provide a restriction hoping he will not examine it until much later.
 
CK
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Isaac
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Posts: 3472
Re: Suggesting Interference Question
« Reply #6 on: Sep 24th, 2006, 1:36am »
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on Sep 23rd, 2006, 11:43pm, datuk wrote:
The only problem is that any interference must be caused within the 1 year period from the issuance date (May 2006).

 
My understanding is that you just have to add the claim within 1 year.  However the claim does have to comply with 35 usc 112.   It might turn out that complying fully with 112 before the year is up is crucial, but I don't believe your claim has to be found allowable by the given date.
 
Again, Ive never been involved in an interference.
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Isaac
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