Help- 3rd party observations

[UVAgal4]

Please help.

I thought I could do a 3rd Party Submission with the USPTO, and screwed it up.

I sent the submission to the USPTO by fax, stating at the end “A copy of the present submission, including the enclosed Information Disclosure Statement and references, is being served on the Applicant’s representative in accordance with 37 CFR. 1.248.” with the date at the top of the letter. I did not however say how it was being sent (by registered international mail) .

The next day, it was sent by mail to both the USPTO and to the Applicant’s representative.

I just checked Pair today, and it was refused.

“Discarded. 37 CFR 1.248 requires that proof of service include the date and manner of service. The date and manner of service has not been provided. Full copies of US patent and US publication were not provided. Partial pages of references are not sufficient.”

As one of the US patents was over 80 pages, I just submitted the relevant pages, plus listed the references (relevant pages, figures, etc.) in the IDS form. So I don’t understand the second remark since 1.99 states : “(3) A copy of each listed patent or publication in written form or at least the pertinent portions.”

Is there anything I can do to save this submission?

Can I send in the copy of the mailing slip?

The 2 month deadline has now passed.


Also, as the attorney now has a copy, is he required to re-submit it for consideration under duty of candor since the observation was refused for formalities?
Should I resend it to the attorney, requesting that it be submitted?

[bleedingpen]

The attorney will submit the references to the USPTO.  I wouldn't contact the attorney--- I would just sit back.  He either submits the references and you reach the result you want, ie, the references in front of the Examiner, or he doesn't submit the references and issues with Rule 56 pop up.