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(Message started by: otwtawf on Jan 31st, 2007, 7:04pm)

Title: PTA reduction
Post by otwtawf on Jan 31st, 2007, 7:04pm
I am hoping that someone can help me answer the following questions reqarding patent term adjustment.

1. After an response to a final office action is made in a timely manner (within 3 months), a notice of appeal or RCE is filed, say, one month after the response.  Will the time between the response and the filing of NOA/RCE be reduced from PTA?  -- 37 CFR1.704(c)(8) is unclear whether NOA/RCE is considered to be "the other paper" that submitted after an initial reply and causes the Office to reconsider the initail reply in view of the other paper, which results in a delay in the Office's response.

2. Cont'd from the above scenario: if an advisory action is received by the applicant after the application's timely filed office action response, would this advisory action reset the clock?



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