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   Deal with a nonstatutory obvious type double patnt
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   Author  Topic: Deal with a nonstatutory obvious type double patnt  (Read 2541 times)
Isaac
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Re: Deal with a nonstatutory obvious type double p
« Reply #5 on: Sep 19th, 2007, 7:42pm »
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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When filing a TD, I normally mention that a TD accompanies the response and request that the rejection be withdrawn in light of filing the TD.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.
 
 
 
 
« Last Edit: Sep 19th, 2007, 7:46pm by Isaac » IP Logged

Isaac
JW
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Re: Deal with a nonstatutory obvious type double p
« Reply #6 on: Nov 5th, 2007, 4:16pm »
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There is also the possibility of adversely affecting your Patent Term Adjustment (PTA) by filing a TD.  Thus, the issue of filing a TD is not obsolete.
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