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   Amendment after final or RCE or both
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   Author  Topic: Amendment after final or RCE or both  (Read 559 times)
Bob's Uncle
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Amendment after final or RCE or both
« on: Oct 21st, 2007, 3:45pm »
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Hello,
 
I received a 2nd OA that rejected all claims (as obvious) and was marked final. After much trying, I was able to reach the examiner on the phone and asked him if he saw any patentable material in the application. Not answering the question directly (instead: "whatever I said in the OA"), the examiner implied that he did not see any patentable material.  
 
I'm wondering what my best option is at this point. So far, all aspects of the prosecution have been pro se. But I would like to get an attorney to take a quick look at the application to see if there is any hope. Meanwhile, the clock is ticking; there is only 2 weeks left before the 90 days after mailing the final OA.
 
What is my best tactic for buying some time so that I can get an attorney to advise me on the app.? Should I file an RCE or an amendment?
 
thanks for any opinions.
 
Bob's Uncle
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Isaac
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Re: Amendment after final or RCE or both
« Reply #1 on: Oct 22nd, 2007, 9:23am »
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on Oct 21st, 2007, 3:45pm, Bob's Uncle wrote:
What is my best tactic for buying some time so that I can get an attorney to advise me on the app.? Should I file an RCE or an amendment?

 
I don't think you can buy more time.  Assuming that you have not filed an RCE in the case or in this family of cases, there is no need to rush to file one before Nov 1.   What you really want to get here is some assurance that you won't get a final office action after filing an RCE.
 
You can achieve that by getting an advisory action refusing to enter you claim amendment.  You might be able to get a similar confirmation by conducting an interview in the case.   Note that the longer you delay filing a response, the more likely it is that you won't get an advisory action.
 
In either case, you probably need to come up with at least the outline of a response ASAP.
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Isaac
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