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Author Topic: question about drawings CFR 1.83(a)  (Read 907 times)

patentwind

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question about drawings CFR 1.83(a)
« on: 01-09-08 at 10:11 pm »

Dear all,
in an application, if a feature in a claim is not shown in the drawings, but in the prosecution, the examiner did not filed an objection to the claim according to CFR 1.83(a) and then granted the application. My question is: if a person can invalid the patent according to CFR 1.83(a) later?
another question:
i searched many patents in the database of USPTO, and found that not all the patents comply with CFR 1.83(a), so whether there is such an objection filed by the examiner depends on the examiner itself? 

thanks a lot!
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Isaac

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Re: question about drawings CFR 1.83(a)
« Reply #1 on: 01-10-08 at 06:51 am »

Dear all,
in an application, if a feature in a claim is not shown in the drawings, but in the prosecution, the examiner did not filed an objection to the claim according to CFR 1.83(a) and then granted the application. My question is: if a person can invalid the patent according to CFR 1.83(a) later?

Probably not. 

Quote
i searched many patents in the database of USPTO, and found that not all the patents comply with CFR 1.83(a), so whether there is such an objection filed by the examiner depends on the examiner itself? 

Yes.  Some drawing issues are identified during an initial inspection by OIPE before the application gets to the examiner.


thanks a lot!
[/quote]
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Isaac
 



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