How are copies of references supplied in design patent applications?

For information on how copies of references are supplied to applicants in design patent applications, MPEP 1513 directs us to another section: “With respect to copies of references being supplied to applicant in a design patent application, see MPEP § 707.05(a).” This cross-reference suggests that the procedure for providing reference copies in design patent applications…

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What constitutes “originally presented claims” for restriction purposes?

According to MPEP 818.02(a), “originally presented claims” for restriction purposes include: Claims presented upon filing the application Claims properly added and entered before the earlier of: The mailing of a first restriction requirement The mailing of a first Office action on the merits The MPEP states: “Where claims to another invention are properly added and…

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How should examiners handle non-static Internet sources in patent searches?

How should examiners handle non-static Internet sources in patent searches? When dealing with non-static Internet sources during patent searches, examiners must take special precautions. The MPEP 904.02(c) provides specific guidance: “If the copy of the Internet source to be cited is not stable, the examiner should print out the source and attach it to the…

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What are the main components of an Examiner’s Answer in a patent appeal?

An Examiner’s Answer in a patent appeal typically includes two main components: Grounds of Rejection to be Reviewed on Appeal: This section maintains the rejections from the final Office action, unless any have been withdrawn. Response to Argument: This section addresses the appellant’s arguments in the appeal brief. According to the MPEP, “The examiner’s answer…

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What actions does an examiner take after an application is withdrawn from issue?

Once an application has been withdrawn from issue due to new grounds for rejection, the examiner must take specific actions. According to MPEP 1308.01: “After the TC Director has withdrawn the application from issue, the examiner will prepare an Office action stating that the application has been withdrawn from issue, citing any new reference(s), and…

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