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Messages - Yet another examiner

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76
Is it Patentable? / Re: Myriad Genetics ruling
« on: 04-01-10 at 03:52 pm »

First, once you can isolate any gene, wouldn't isolating any other gene be obvious? 

There's a case to be made for that, but my understanding is that this case only dealt with 101 issues and not 103.

77
Becoming a Patent Agent/Lawyer / Re: Working for the USPTO
« on: 03-25-10 at 06:40 pm »
fsuchemist,

I have similar credentials to yours.  Masters in computer engineering and am a 3L at a top law school with average grades (B+).  I did do a summer associateship last summer where I did some (but not a lot, due to lack of work for even the partners) patent prosecution and have taken a couple patent courses - but I'm not sure if that counts as "IP experience."

Anyways I'm trying to be optimistic but obviously not getting my hopes up. 

Good luck!
 

Keep optimistic imo. With those credentials you and fsuchemist have, you guys will surely find great jobs eventually when the economy heats back up.

78
Well, how about inserting such language in the body of the claim in the first place? Is it really that hard? If you insert the preamble language into the body of the claim in the first place, examiners have to consider it as a claim limitation, period. Why not prevent the problem from happening in the first place?

Simple.  At the time of filing, we might not know whether the preamble language is needed to circumvent art later cited by the examiner.  However, the law is quite clear that we are allowed to make preamble language limiting by merely saying so.  This is the law of US patents and the examiners are charged with examining US patent applications in the context of this law.  Whether they like it or not, that's the way it is.

Seems slightly inconsistent, though. If you're not sure if you want to narrow the claim down to the preamble language, it isn't too unreasonable for the examiner to look for art that falls outside the preamble.


I also find myself agreeing with Robert FWIW.

79
Becoming a Patent Agent/Lawyer / Re: Working for the USPTO
« on: 03-14-10 at 06:27 pm »
Are you from the yesterday class? I hear talk non-stop all day about people who aren't happy with the job. 50% of the examing corps would jump on another job if the offer was in hand and comparable (+/-20K-30K) in salary.

This is not my experience; the new people I know are mostly pretty happy with the job. Of course, most people are happy with any job with the economy being busto. imo, it's the people who have been on board for a few years who are most likely to jump ship.

80
Becoming a Patent Agent/Lawyer / Re: Working for the USPTO
« on: 03-14-10 at 05:48 pm »
We went out to lunch (happy hour) for an examiner leaving. He said he he didn't feel right rejecting applicants. So I'm sure they might look for 1 resume out of 3000. or 4000 whatever that ridiculous number was.. :D   

Is this one of the guys from the new July 09 class? I heard talk that one of 'em wasn't happy with the job.

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