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Topic: RCE Filing (Read 1535 times) |
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Rick L.
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I have a question on the RCE. I am in final office action, can I just fill out the form for an RCE and send it in or do I have to attach my application to it and indicate that it is a RCE. i am responding with argument/amendment, but logistically speaking, is it just like an office action response?
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Rick L.
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Can I send via EFS?
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JimIvey
Moderator
Senior Member
 
Posts: 2584
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Re: RCE Filing
« Reply #2 on: Mar 14th, 2007, 12:27pm » |
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I'd start by reviewing the form for RCE very carefully. It sets forth the requirements. You don't need to include the application itself. It's not really a new filing of the application but more like a petition and fee to remove the finality of the last Office Action.
You can file by EFS-web.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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TataBoxInhibitor
Full Member
Posts: 456
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Re: RCE Filing
« Reply #3 on: Mar 15th, 2007, 9:38am » |
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As a side note, how do you deal with the status identifiers in RCE or CPA practice? Logically it would seem that all the claims are just continued from before because it is not a new application, however, a CPA is a new application, what happens then?
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JimIvey
Moderator
Senior Member
Posts: 2584
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Re: RCE Filing
« Reply #4 on: Mar 15th, 2007, 11:11am » |
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CPAs are no longer available and haven't been for almost 4 years. So, you'd be safe to limit yourself to thinking about RCEs.
As I said, an RCE is effectively a petition and fee to remove the finality of the prior Office Action. Use the claim status identifiers as such, as if your response is just another in the same application. An RCE is not a new application.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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