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Author Topic: Notice of allowance with no 1449 after IDS?  (Read 236 times)

jeff.oneill

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Notice of allowance with no 1449 after IDS?
« on: 05-16-18 at 04:54 pm »

Consider this sequence:
  • File response to first office action
  • File IDS with international search report and certify within 3 months
  • Receive notice of allowance 6 days later with no 1449 on record for the IDS

What would you do? 

We've complied with our obligations but it isn't clear that the examiner considered the most recent IDS.  Is there a significant concern here if the patent were ever litigated?
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bluerogue

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Re: Notice of allowance with no 1449 after IDS?
« Reply #1 on: 05-16-18 at 05:10 pm »

Almost certain the IDS "crossed in the mail."  The OA was probably done and posted either to a primary or mail room when the IDS came in.  This should be caught by the allowance review team (for legal formalities and forms; not a second look at allowance) and sent back to the examiner for consideration.

Call up the examiner in a few weeks if you have time to wait for the review team to get to it.  Also consider QPIDS program if it's still not reviewed by the time you paid the issue fee.
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snapshot

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Re: Notice of allowance with no 1449 after IDS?
« Reply #2 on: 05-17-18 at 10:32 am »

Yeah, the examiner should get a Printer Rush at some point from the publications branch asking him to review the IDS that crossed in the mail with the NOA.
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