What is the significance of Ex parte Milton in relation to copied patent claims?
Ex parte Milton, 63 USPQ 132 (P.O. Super Exam. 1938) is a significant case cited in MPEP 710.04(a) regarding copied patent claims. Its importance lies in establishing the principle for determining the controlling date of the statutory period when claims are copied from a patent into an application with an existing unanswered rejection.
The MPEP states:
The date of the last unanswered Office action on the claims other than the copied patent claims is the controlling date of the statutory period. See Ex parte Milton, 63 USPQ 132 (P.O. Super Exam. 1938).
This case law provides crucial guidance for patent examiners and applicants in managing timelines for applications with copied claims.
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