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   102(e) rejection and common assignee
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   Author  Topic: 102(e) rejection and common assignee  (Read 525 times)
Jack West
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102(e) rejection and common assignee
« on: Apr 8th, 2007, 12:22pm »
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I have a pending 102(e) rejection based upon a co-pending application which is commonly assigned.  There are only 2 common inventors in both pending applications whereas each application lists five inventors.  
I forgot the rule on this situation.  I actually though the Examiner screwed up and should have issued a double-patenting rejection.
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guest21
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Re: 102(e) rejection and common assignee
« Reply #1 on: Apr 8th, 2007, 12:52pm »
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I'm pretty sure the rejection is proper as long as the copending was filed earlier.  However, those types of rejections are easy to overcome.  You can either argue around the rejection, amend to overcome the subject matter of the copending, or file a 132 or 131.  There may even be other options, but those are the ones that we usually use.
 
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biopico
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Re: 102(e) rejection and common assignee
« Reply #2 on: Apr 8th, 2007, 5:07pm »
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Think about a terminal disclaimer!
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