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Author Topic: When to search in CFR?  (Read 414 times)
superman10
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« on: 11-04-09 at 11:55 am »

So as I study for the patent bar, I'm getting a pretty good handle of which chapters to go to and then I can do a keyword search.

The one thing that consistently throws me off is that when do I look in the CFR? I know that the CFR's are distributed throughout the MPEP, so just going to the MPEP would give me the answer, but all these old tests refer to the CFR only, and I'm getting frustrated not knowing how I should have known to go to a CFR.

Any advice?
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Kpanlogo
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« Reply #1 on: 11-04-09 at 12:47 pm »

My approach is based more in practice than in studying for the patent bar exam. I have found many inconsistencies between the regulations (37 C.F.R. XX.XX) and the MPEP in my experience prosecuting patent applications. The MPEP just is not instantly updated throughout as changes occur in the regulations. I rely first upon the latest regulations, and turn to the MPEP when I am unsure as to the meaning of something in the regulations or when I can't readily apply my fact scenario to the regulation without some guidance.

In choosing between the MPEP and the C.F.R., I go first to the latter almost every time.
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DogDayPM
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« Reply #2 on: 11-04-09 at 01:21 pm »

In choosing between the MPEP and the C.F.R., I go first to the latter almost every time.

I agree except I think of it as later going to the former v. first going to the latter.
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DogDayPM
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« Reply #3 on: 11-04-09 at 01:30 pm »

So as I study for the patent bar, I'm getting a pretty good handle of which chapters to go to and then I can do a keyword search.

The one thing that consistently throws me off is that when do I look in the CFR? I know that the CFR's are distributed throughout the MPEP, so just going to the MPEP would give me the answer, but all these old tests refer to the CFR only, and I'm getting frustrated not knowing how I should have known to go to a CFR.

Any advice?

Having tossed out a nonsensical off-topic comment, I'll come back and be serious a moment.

I ONLY used the 37CFR and 35USC during the exam and did fine.  "Fine" as in "well, I passed" - no clue whether I got a 90 or the minimum.

I did it that way because I sort of let myself run out of time to study and didn't know the MPEP from The Joy Of Cooking, so I figured I'd just waste valuable time trying to flip through the MPEP during the test.  And for the majority of questions getting the main theory out of the regs or laws was enough to guess correctly. 

P.S.  Nowadays I can tell them apart because I use the Joy of Cooking all the time at home.  I still don't use the MPEP all that much...
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MYK
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« Reply #4 on: 11-04-09 at 02:02 pm »

P.S.  Nowadays I can tell them apart because I use the Joy of Cooking all the time at home.  I still don't use the MPEP all that much...
Would those of us who use Larousse Gastronomique be better off applying for the EPO exam?
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DogDayPM
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« Reply #5 on: 11-04-09 at 02:15 pm »

Would those of us who use Larousse Gastronomique be better off applying for the EPO exam?

Yes.

And you'd also be better off if you stopped cooking the pork to 80-90°C or whatever they recommended back in that century.  Unless you're using it to drive nails, of course.

Still have trouble convincing my in-laws that pork loin or chops slightly pink but cooked to 67 +/- a few is just fine.
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ChrisWhewell
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« Reply #6 on: 11-04-09 at 08:19 pm »

I agree except I think of it as later going to the former v. first going to the latter.

I formerly thought differently but have lately changed my mind.
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Chris Whewell
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ChrisWhewell
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« Reply #7 on: 11-04-09 at 08:23 pm »

So as I study for the patent bar, I'm getting a pretty good handle of which chapters to go to and then I can do a keyword search.

The one thing that consistently throws me off is that when do I look in the CFR? I know that the CFR's are distributed throughout the MPEP, so just going to the MPEP would give me the answer, but all these old tests refer to the CFR only, and I'm getting frustrated not knowing how I should have known to go to a CFR.

Any advice?

I bet if you look at old exams and make a list as you go through of which sections of the regs are mentioned and just study those, that it would be productive.   I've practiced a little while and something like 10% of the rules are used 90% of the time, even though close to 100% of the rules are in effect at all times.
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Chris Whewell
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