Isaac
Senior Member
   
Posts: 3472
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Re: Deal with a nonstatutory obvious type double p
« Reply #5 on: Sep 19th, 2007, 7:42pm » |
Quote Modify
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on Sep 19th, 2007, 2:43pm, MattB wrote:NOTE: By the way, the whole idea of TD for patents seems obsolete since we now date patent term to the earliest filing date. |
| Not so. For one thing, DP rejections can be made between applications that don't have a common effective filing date. For another thing the TD also requires that the patents remain commonly owned in addition to making them expire on the same date. Quote:I suppose for CIPs it may be damaging as TD's must be directed to the entire application and not just particular claims, but I was surprised to see it in this instance. |
| I don't know what you are getting at here. When filing a TD, I normally mention that a TD accompanies the response and request that the rejection be withdrawn in light of filing the TD. Some times I've indicated that I disagree with the rejection and am filing the TD to expedite prosecution.
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