How common are best mode rejections in patent examination?
Best mode rejections are extremely rare in patent examination, particularly in ex parte prosecution. The MPEP 2165.03 explicitly states: “It is extremely rare that a best mode rejection properly would be made in ex parte prosecution. The information that is necessary to form the basis for a rejection based on the failure to set forth…
Read MoreWhat are ex parte communications in patent interference proceedings?
Ex parte communications in patent interference proceedings refer to private communications about the case with a Board member or Board employee assigned to the proceeding, without the presence or knowledge of the other party. These communications are strictly prohibited in inter partes proceedings, including interferences. As stated in MPEP 2307.01: “An ex parte communication about…
Read MoreAre nonsigning inventors entitled to a hearing in pre-AIA 37 CFR 1.47 cases?
No, nonsigning inventors are not entitled to a hearing in pre-AIA 37 CFR 1.47 cases. This is explicitly stated in MPEP 409.03(i): “A nonsigning inventor is not entitled to a hearing (Cogar v. Schuyler, 464 F.2d 747, 173 USPQ 389 (D.C. Cir. 1972))” This precedent, set by the case of Cogar v. Schuyler, establishes that…
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