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[asdfg]

PCT / Costa Rica: PCT about Costa Rica citizens filing a PCT app in US/RO, had to go to the MPEP to confirm if Costa Rica was a PCT contracting state and also the date when it was admitted.

Costa Rica is a PCT contracting state (MPEP 1817) so PCT Rule 19.4 applies. US/RO will send to Int. Bureau and Int. filing date will be date accorded by US/RO.

PCT Rule 19.4 provides for transmittal of an international application to the International Bureau as Receiving Office in certain instances. For example, when the international application is filed with the United States Receiving Office and the language in which the international application is filed is not accepted by the United States Receiving Office, or if the applicant does not have the requisite residence or nationality, the application may be forwarded to the International Bureau for processing in its capacity as a Receiving Office. See  37 CFR 1.412(c)(6). The Receiving Office of the International Bureau will consider the international application to be received as of the date accorded by the United States Receiving Office. This practice will avoid the loss of a filing date in those instances where the United States Receiving Office is not competent to act, but where the international application indicates an applicant to be a national or resident of a PCT Contracting state or is in a language accepted under  PCT Rule 12.1(a) by the International Bureau as a Receiving Office. Of course, where questions arise regarding residence or nationality, i.e., the U.S. is not clearly competent, the application will be forwarded to the International Bureau as Receiving Office. Note, where no residence or nationality is indicated, the U.S. is not competent, and the application will be forwarded to the International Bureau as Receiving Office so long as the necessary fee is paid. The fee is an amount equal to the transmittal fee.

If all of the applicants are indicated to be residents or nationals of non-PCT Contracting States, PCT Rule 19.4 does not apply, and the application is denied an international filing date.

[asdfg]

Again, Regarding the Velcro Q, I think we have to consider 2 things;

- whether it appears in the claims to identify a material or product: in which case not allowed - structure not recited, hence indefinite 112 - 2nd para .

- whether it appears in specification: 608.01v, in which case product to which the trademark  refers to, has to be set forth in clear language then examiner should permit use of trademark. If product identification not properly done, examiner will reject on grounds of insufficient disclosure.

[Estella Estella]

A question regarding the admited date of a contracting state under the PCT rule:
1. what is the meaning of ratification, accession or delcaration under MPEP 1817?
2. to determine if a country is an admited contracting state under the PCT rules, which column would you look at to decide what date the country is admited?

thanks for the help

[asdfg]

A question regarding the admited date of a contracting state under the PCT rule:
1. what is the meaning of ratification, accession or delcaration under MPEP 1817?
2. to determine if a country is an admited contracting state under the PCT rules, which column would you look at to decide what date the country is admited?

thanks for the help

I checked the wipo link given on top of the 1817 page. It appears the last column "Date From Which State May Be Designated" in 1817 matches with the "Date on which state became bound by PCT" given in the list in WIPO link.

[Scanner]

New Questions Encountered
These were the "new" questions I encountered on the exam, which have been discussed in previous posts:

-The Lipgloss Question (Public Use)
-The Titanium Baseball Question (Public Use)
-The Tinfoil Airplane Question (Anticipation - very similar to an old exam question on Balsa/Pine wood).
-The Broom with Many Claims (Multiplicity)
-The Mexican/U.S. National Question (The USPTO can act as R/O if at least one of the inventors is a U.S. National).
-Tables more than 50 Pages Must be Submitted on CDs and in Duplicate
-Japanese Citizen Files IA in Japanese (PCT - When an IA can be forwarded to the IB)

[asdfg]

Hi all:

I took the exam today and passed. It was my 2nd attempt. Here the Q I remember:

Titanium base ball in the museum.when available as prior art - date publication was displayed in museum and not open to public or date shelved in the library.

112 enablement: some composition given but method of preparation not given. examiner checks prior art and finds that nowhere it is given. So what type  of rejection;
1. 112 1 st para lack of written description and enablement
2. no sufficient disclosure to enable of of ordinary skill in art
3. 112 1st para ...undue experimentation.

the choices looked similar. but mainly to do with 112. shall continue in next post.

[Estella Estella]

I believe the titanium ball question is that it is considered

asdfg:

How was the bar exam?
Was the exam harder than the previous bar exam you have taken?
How did you study for the bar exam?
Do you think going through 2001-2003 past exams are enough to past the bar exam?

[Estella Estella]

What I meant above is:

I think it is when the publication is displayed in the museum and not open to the public

[asdfg]

I believe the titanium ball question is that it is considered

asdfg:

How was the bar exam?
Was the exam harder than the previous bar exam you have taken?
How did you study for the bar exam?
Do you think going through 2001-2003 past exams are enough to past the bar exam?

I am happy to have passed. But the exam was tough.I felt that way because I was expecting to see a lot repeat Questions like  I had it 1 st time.There were very few repeats. SOme of the repeats had choices which were not quite familiar.I had to read them several times to interpret.I had to refer to the MPEP for several questions. The way to search is - you should 1 st know where it is - whether appeals (1800) whatever. go there then give the find term.

Q regarding enablement and written description (I went through MPEP - all the details on written description, undue experimentation etc.It is better to read them and try to understand. It is given clearly in MPEP).

Piecemeal Q:check  my pevious post A, B,C,D, all of the above. exactly repeated.

Step for crossing the road.(Oct AM, 2003) o

Deleting benefit claim then applying RCE again to get benefit claim: Ans. Not allowed/improper. check in appeal section

Amendment entered after final rejection. will be allowed 1 .after 3 months and no reply brief 2) after 4 months, 3) after 5 months

Recording assignment documents : what are the things needed.some more assignement Q were there, dont remember.

Inventor is ill, son is also legally incapitated. who will sign oath.

Inventor in Germany has 3 months to reply to office action. Today is the last day. His attorney is not registered and is with him. If he sends by fax, it is not going to reach him by midnight US time. How will he send it.
Certificate of mailing
German Express mail
attorney will bring with him something like that.

April 2003 Q 8.

Jo and Tommie (dont remember which year)- 2 Q one repeat, another one is new.

PCT application not complete. given 30 days  to submit. when will the filing date be.

will continue

[asdfg]

Application under reexamination. all claims rejected. Applicant want to apply for reissue. can he do this.

some error in claims. after patent issued, decides to apply for reissue. choices were all confusing.something like filing disclaimer, deleting claim one and broadening another etc.had to read so many things under reissue.

Q on submission of patents, printed publications -when this can be done.
protest Q.choices include fraud.
which one is not new application  provisional, RCE, CPA, national stage of PCT.

One DNA Q: could not understand. 102 rejection.something like prior art says it is used for eyesight, application claims used for hearing. another Q too was similar : difference between prior art and application was just the utility.

How to overcome 102 (b) rejection: choices did not mention sec.considerations.

Q regarding which one to use: 102(a), (e) etc.

lancer toothbrush.

102(e) prior art 2 Q - with respect to patent, patent publication.

Design patent for telephone I think. applied in Spain, then in US withing 6 months.Spain patent issues. Now he wants to add some  new feature. choices:file continuation applicn, send it as a new drawing.., file a utility application.

More than 1 Q on new grounds of rejection by board, reopening prosecution.

6 months AFter filing appeal notice, applicant asks for extension of time and sends amendment .. dont remember.

multiple dependent claims : proper, improper.

application and prior art not commonly owned, no common inventor whether rejection is statutory double patenting, provisional double patenting, 102(e) dont remember.

2 Q on CFR 1.131 affidavit. when is it appropriate.
Japanes filing.(did not rescind in 45days so appl. abndoned).
Q on combination/subcombination
Q on combining references - why it is done. not same choices as in previous exams
102(d) rejections- 4 conditions.
national stage application sent by Fax: proper/improper.
Filing reissue: what do you need to send: filing fee, oath etc.
examiner's amendment (I think) all are correct except: Ans was using black ink (should be done with red)
Reissue application should  it show corrections made earlier using brackets, underlining.
something like this
X applies Prov Appl 1 dt
XYZ apply Prov app 2 dt
XYZ apply non Prov 1 dt
XYZ apply non Prov 2 after 1 yr of prov. 1
what type of rejection?

shall write again if I remember.

[am]

does anyone know more info. on these questions:

Hairgel
Cleaning soda / Cleaning producct
AGCT Nucleotide sequence
ClockFanLamp
Mario Lepuiex
District Court Judgement
Jo and Tommie
RNA Interference

[am]

hairgel hint and much more found in Dump Load Area at PatentBarQuestions(dot com).

[feljdllb]

well, here's my contribution...
one question i had was asking what type of reference a U.S. patent, not commonly owned, claiming the same subject matter would be cited as.  the options were...
a. statutory double patenting
b. nonstatutory double patenting
c. provisional double patenting
d. a 102(e) reference
e. all of the above
(i have no idea what the answer is, but i got this question both times i tested)

another question asked which type of application would NOT be considered newly filed.  the options were (i think)...
a. a reissue
b. an RCE (correct answer)
c. a CPA
d. national stage entry
e. can't remember
i found the answer for this one by luck, looking for the answer for another question.

[patentmoose]

Anyone have the answer to the questions feljdllb put up? I am taking the test in a few weeks and I am not ure of those answers. thanks.

[jman63]

Anyone have the answer to the questions feljdllb put up? I am taking the test in a few weeks and I am not ure of those answers. thanks.

i got that first question. its hard for me without seeing/remembering all the facts of the question. i thought it might have said one or two more things. But you can easily eliminate provisional double patenting since its not commonly owned, which also eliminates E (all the above). I remember thinking that it might be 102(e) rej, something about the question sat/non sat double pat didnt seem to fit. i dont know. maybe its satutory tho. I cant remember it enough now to be sure but i think thats what i went with. hopefully someone can remember more. I remember thinking it was easy when i took the test so i must be forgetting something...but i'll say 102(e) for now