New Patent Bar Online Exam - Prometric

[Cristin]

In my case (also category A) it took two weeks exactly.

[iplawhopeful]

In general, when doing multiple dependency questions, only select an answer that appears verbatim in sec. 608.01(n).  Answer B is not on the list, close but not exactly.  But I don't think that this question is entirely about multiple dependents.  I think that reason for B being considered as incorrect is the form of the amendment.  Looking carefully at answer B (on the actual test because underlining isn't supported on this board), the "s" is added to "claim" without being underlined.  D and E are in equal or better multiple dependent form than B, but the amendments are improperly made.

Some examiners might let B slide without sending out a Notice of Non-Compliant Amendment, but A is the only answer that cannot be properly rejected by an examiner.

I think that another reason is that "in any one" is underlined, in lieu of "any one of".

Do you have any idea as to why this question is answered the way it is? I can't figure out why A is not also correct, as there is only one instance of "steam" in line 4. The answers state that it is incorrect because there are two instances...

A patent application is filed with the following original Claim 1.

A steam cooker comprising:
(i) a steam generating chamber having a steam generator;
(ii) a cooking chamber adjacent to said steam generating chamber for receiving steam
from said steam; and
(iii) a heat exchanger secured within said steam generator, said heat exchanger
including at least one heating zone comprised of an inner having raised surface
projections thereon, an outer panel having raised surface projections thereon, and
a path between said raised surface projections whereby flue gases may pass for
heating the walls of the heat exchanger.

Assuming all of the following amendments are supported by the original disclosure in the specification, which amendment is in accord with proper PTO amendment practice and procedure?

(A) In Claim 1, line 4, after "steam" insert, --generator--.
(B) In Claim 1, line 6, after "inner" insert --panel--.
(C) In Claim 1, line 6, delete [one], insert --two--, and amend "zone" to read -zones--.
(D) In Claim 1, line 3, after "chamber" (second occurrence) delete [for receiving] and insert --to produce sufficient quantities of gas and--.
(E) In Claim 1, line 4, delete "secured within" and insert --attached to--.

[liljaykt]

Hello,

I am reviewing on-line questions and there is a lot of talk about sample/beta questions.

How many of these are on the exam?
Are these questions included in your total point count?

Thanks!

[smgsmc]

Hello,

I am reviewing on-line questions and there is a lot of talk about sample/beta questions.

How many of these are on the exam?
Are these questions included in your total point count?

Thanks!

There are 100 questions total.  90 are real questions, 10 are beta.  The beta questions do not count.  In order to pass you need a score of 70%  (63 correct out of the 90 real questions). 

[dpolicastro]

Hi I have a question from the October 2002 exam - question 21 in particular:

21. Which of the following documents is not open to public inspection?

(A) The abandoned parent application of a divisional application. A patent was granted on the divisional application, which refers to the abandoned parent application.
(B) Assignment document relating to both an issued patent and a patent application not published under 35 USC 122(b).
(C) Assignment document relating to a pending reissue application.
(D) Copy of assignment record relating to both a pending patent application and an abandoned patent application not published under 35 USC 122(b).
(E) Assignment document relating to both an abandoned patent application not published under 35 USC 122(b) and a pending reissue application.


Here is the explanation the PTO provides:

You incorrectly answered this question. The correct answer was D.
Explanation:
(D) is correct. (A) is wrong. 37 C.F.R. § 1.14(e)(2); MPEP § 103, application files are available upon request because the divisional application refers to the abandoned parent application, and the division issued as a patent, causing the application to be open to inspection. (B), (C) and (E) are wrong and (D) is correct. MPEP § 301.01.


Why is D the correct answer?

I know A, B, C, and E are wrong because of 301.01 but by that logic I would have thought D would be accessible too. By process of elimination I guessed correctly D was the right answer but what specifically in D makes it inaccessible? Are both the pending app and the abandoned app not published? The wording makes it unclear if the pending app is published or not.  Thank you.

[dz]

Once the cat is out of the bag, the document is open to public inspection.
(A): The divisional patent was granted
(B): One patent was issued
(C): Reissue means the patent was issued before
(E): Reissue means the patent was issued before

Only in (D) is the cat not yet out of the bag.  No patent was issued or granted.  Both the pending and the abandoned patent applications were not published under 35 USC 122(b).

[dpolicastro]

alright thanks. Makes sense.

[Biff]

Took the test this weekend and passed. 

I have to say that the Prometric Center I selected proved awful.  During the first half of the the staff was running a shredder in the adjacent room which was loud enough to be clearly heard in the testing area, though they ceased when I chewed out the staff at the break.  It proved distracting, and I expressed my displeasure in both the exam feedback and a written a letter to Prometric in connection with same.

My testing center was in Glastonbury, Connecticut, and I would not use them again.

As for questions:
Spanish phone
German international applicant  (1810)
Costa Rican international applicant (1810)
US resident, Japanese citizen files international application in US in Japanese (1810)
1.42/1.47
Multiple deceased inventor questions
Bloc
DRAM
Fee types not reduced for small entity? (recording)
Japan 45 days
Not required for provisional (claim)
Aroma therapy kit
34.9/35% range question (make obviousness rejection)
product by process
1.99 submission elements
multiple 1.48 questions
melting point distinction of the product by process
two versions of improper final rejection question
No claim counting question.
many, many appeal questions...

I used John White's PLI CD's and the easybarpass CD, both proved useful.  I had the 2002 and 2003 exams down to the point where I could score in the mid-90's in about 90 minutes and used the 2001 and 2000 exams to practice searching the MPEP.

[Joseph Zilberman]

Now Biff, I want to make sure we get two coats of wax this time, not just a one.

[dpolicastro]

I took the test on Monday and I passed. This website was helpful in keeping me focused on the right things in the final weeks of my prep (mainly reviewing the old tests, repeat questions, and reported questions found on other sites).

I found a slew of repeat questions. There was a fair amount of appeal and PCT material - all of which was searchable (I assume - I don't know exactly how well I scored, but I like to think the stuff I looked up I got right).

I was pleased with my prometric testing facility. I took the exam at a local university and everything was reasonably quiet and professional. I walked away feeling as if taking and passing the exam was a good experience.

[lukertin]

I found a slew of repeat questions.

In my test I ran into like 3-4 questions which were exactly the same, except for some wording differences.

There was another set of 3 questions which were very similar but contained some very important, minor changes, which I luckily caught on a review-through.

[gatorlink]

I took and passed the pat bar today on the first try.

Repeat Questions:  A lot of the "usual suspects" it really helped timewise to know the answers before hand.  I had a lot of IDS questions what must be submitted based on where in the process the application is....(1st OA, final OA, issue fee paid..etc).  Improper RCE while appeal underway some claims were previously allowed what should examiner do.  Titanium baseball displayed in museum ques asked for publication priority date (July 4th when cataloged by museum).  Japan 45 days.  Costa Rican PCT.  Swedish PCT.  147 claims. 

New Questions:  I had 2 very similar PCT questions that asked about 102(e) date.  One was not filed in english while the other was filed before November 2000.  The analysis for both hinged on the date the amendment to the oath was submitted since the application entered the national stage without the oath. 
                       Inventor dies after filing app, power of attorney and partial assignment to practitioner.  Who can prosecute?  I went with practitioner can continue prosecuting but not 100%. 
                       Maintenance fee incorrectly applied to the wrong patent.  I chose answer related to who can sign.... inventor, assignee or person responsible for making payment

TIP:  1) Make cheat sheet during tutorial
        2) I found a website with past exam questions made up as flashcards (study these religiously)
        3) During last week focus on Chapters 700, 800, 1200, 1800 and 2100
        4) The exam is difficult but VERY DOABLE

Hope this helps

[turnersd]

Question about starting the second half after the break:

I have been taking the old practice exams using an answer sheet with questions 1-50, answers A-E to mark off as others have recommended.  I plan on making this answer sheet for the first half during the "tutorial".

But what about the second half?  Do you have any time before the second half starts to make a second answer sheet?  Is there another tutorial, or can you just enter the exam room at any point during that 1 hour?

Also, are these questions numbered 1-50 again, or 51-100?

Thank you all for your help.  I just finished going over the PLI course materials, now I'm studying old questions for the next couple months.  All the posts here have been extremely helpful so far!

Stephen

[lukertin]

Question about starting the second half after the break:

I have been taking the old practice exams using an answer sheet with questions 1-50, answers A-E to mark off as others have recommended.  I plan on making this answer sheet for the first half during the "tutorial".

But what about the second half?  Do you have any time before the second half starts to make a second answer sheet?  Is there another tutorial, or can you just enter the exam room at any point during that 1 hour?

Also, are these questions numbered 1-50 again, or 51-100?

Thank you all for your help.  I just finished going over the PLI course materials, now I'm studying old questions for the next couple months.  All the posts here have been extremely helpful so far!

Stephen

There's an optional 1 hour break between sections for "lunch"

[gatorlink]

Stephen,

During the 1 hour break the clock just keeps running.  I saw on a post somewhere that the prometric staff stopped one person from making up the cheat sheet after returning from the break even though there was time remaining.  I made up the two cheat sheets numbered 1-50 for each and jotted down useful mnemonics during the 15 minute tutorial at the beginning.
What you could do is make up the 2nd set before leaving for the 1 hour break.