Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Study > 2100 Tidbits > Flashcards

2100 Tidbits Flashcards

1
Q

A specified intended use will not limit the scope of a _____.

A

claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

To satisfy 101, an invention must be _____.

A

useful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

An _____ invention is not useful.

A

inoperative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

An inoperative invention is not _____.

A

useful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

An asserted treatment of a human disorder has the same _____ requirement as any other invention.

A

utility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A deficiency under 101 creates a _____ deficiency.

A

112 paragraph 1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A deficiency under _____ creates a 112 paragraph 1 deficiency.

A

101

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The _____ invention is the focus of utility.

a) disclosed
b) claimed

A

claimed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Each _____ must be separately evaluated.

A

claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Failure to state utility _____ automatically negate utility.

a) does
b) does not

A

does not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

An asserted utility creates a(n) _____ of utility.

A

assumption

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

_____ will support therapeutic utility.

A

Data/testing/experiments/etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

During examination, claims must be given their _____ interpretation consistent with the specification.

A

broadest possible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Words of a claim must be given their _____ meaning unless defined by the specification.

A

plain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Words of a claim must be given their plain meaning unless _____ by the specification.

A

defined

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Plain meaning refers to the meaning given by a person _____.

A

of ordinary skill in the art

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

An applicant may be their own _____.

A

lexicographer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

The _____ of a claim is non-limiting unless it breathes life and meaning into the claim.

A

preamble

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The preamble is non-limiting if it recites a(n) _____ property.

A

inherent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

The preamble _____ further limit the claim if it does more than merely state the purpose.

a) may
b) may not

A

may

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

That which is _____ does not become patentable by discovery of a new property.

A

old

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

A device _____ a method if the process is carried out during normal operation.

A

anticipates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

A prior art product appearing to be substantially identical to the claimed invention places the burden of proof on the _____.

A

applicant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

The manner of _____ cannot distinguish an apparatus claim.

A

operating

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

The material or article worked on does not limit _____ claims.

A

apparatus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Prior art is presumed to be _____.

A

operable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Pictures and drawings ____ constitute enabling prior art.

a) may
b) may not

A

may

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

The _____ of an invention need not be disclosed in a reference in order to be anticipated.

A

utility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

In some circumstances, a factual reference need not _____ the filing date.

A

antedate/predate/precede

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Proportions in drawings are not _____ of actual proportions.

A

evidence/indicative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

A secret foreign patent may be pre-AIA 102__ prior art, but not pre/post-AIA 102(a)/(b) prior art until it is accessible.

A

(e)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

A secret foreign patent may be pre-AIA 102(e) prior art, but not pre/post-AIA 102__ or 102__ prior art until it is accessible.

A

(a) or (b)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

_____ applications disclosed to the public are prior art.

A

Abandoned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Material canceled from an application cannot be used for a pre-AIA 102__ rejection.

A

(e)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Material _____ from an application cannot be used for a pre-AIA 102(e) rejection.

A

canceled

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

A reference is _____ if it is accessible to the public.

A

“printed”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

A thesis on a library shelf _____ a publication if accessible.

a) is
b) is not

A

is

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Confidential internal documents _____ publications

a) are
b) are not

A

are not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Admissions constitute _____.

A

prior art

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

A(n) _____ preamble is an implied admission.

A

Jepson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

A Jepson preamble is an implied _____.

A

admission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

A specific example/value in a _____ anticipates.

A

range

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

An invention _____ overcome anticipation by non-analogous prior art.

a) will
b) will not

A

will not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Pre-AIA 102(a) “known” or “used” means _____.

A

public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

A product-by-process or process claim can be disqualified under pre-AIA 102__ if the process can be determined from a product for sale.

A

(b)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

“By others” means any combination that is different from the _____.

A

inventorship/inventive entity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

A rule 131 affidavit can overcome prior art under _____.

A

Pre-AIA 102(a)

48
Q

How many use(s) may bar an invention under pre-AIA 102(b)?

A

one

49
Q

Unrestricted use by third parties is _____.

A

public use

50
Q

_____ and _____ sales may bar under pre-AIA 102(b).

A

secret and conditional

51
Q

Sold but undelivered product ____ bar under pre-AIA 102(b).

a) may
b) may not

A

may

52
Q

Consent of the inventor(s) _____ required to create a pre-AIA 102(b) for-sale bar.

a) is
b) is not

A

is not

53
Q

Objective evidence of intent to sell _____ required for a pre-AIA 102(b) for-sale bar.

a) is
b) is not

A

is

54
Q

An invention _____ be complete or reduced to practice at the time of sale to create a pre-AIA 102(b) for-sale bar; a certainty of nature and usefulness must be present.

a) must
b) need not

A

need not

55
Q

_____ use does not count as prior art if any commercial exploitation is incidental.

A

experimental

56
Q

Any commercial activity incidental to experimental use must be solely to advance product _____ without attempt to penetrate the market.

A

development

57
Q

The inventor must maintain control during testing by _____ for the use to be experimental.

A

third parties

58
Q

Market testing _____ permitted.

a) is
b) is not

A

is not

59
Q

Derivation requires _____ and _____.

A

complete conception by another
communication

60
Q

Under AIA, any act, patent, or publication that occurs in _____ is prior art if before filing date.

A

the world

61
Q

Only art within _____ months of the filing date may be disqualified if they originate from the inventor.

A

12

62
Q

Commonly owned, previously filed, but not yet issued US/PCT applications may be disqualified as prior art of they originate from ______.

A

the inventor

63
Q

Common ownership exclusion of prior art includes _____ that existed before the filing date, whose scope gave rise to the subject matter, and whose members are disclosed to the PTO.

A

joint ventures / research agreements

64
Q

Only US patents, published applications, and PCTs can be used as prior art as of their _____ date.

A

earliest effective filing

65
Q

Third-party “intervening” disclosures that occur between 1 year prior to filing and the filing date may be overcome with a disclosure originating from ____ and dated within _____ months prior to filing.

A

the inventor
12

66
Q

An inventor must contribute to the _____ of an invention.

A

conception

67
Q

As long as the inventor maintains intellectual domination, _____ may be adopted from others.

A

suggestions/ideas

68
Q

_____ requires contemporaneous recognition and appreciation of the invention.

A

Conception

69
Q

The testing required to establish reduction to practice depends on the _____ of the invention.

A

nature

70
Q

There can be no ______ until the utility of the invention is known.

A

reduction to practice

71
Q

Probable utility is not ______.

A

enough / utility / acceptable / sufficient

72
Q

In order to be prior art under 103, the art must be _____.

A

analagous

73
Q

Prior art must suggest _____ of combination.

A

desirability/motivation

74
Q

Where references conflict on whether to combine or not, the _____ power of each must be weighed.

A

suggestive

75
Q

The mere fact that references can be _____ is not enough to prove obviousness.

A

combined

76
Q

The fact that combining references is within average skill in the art is not enough to justify a _____ rejection.

A

103

77
Q

Some degree of _____ is required to combine references.

A

predictability

78
Q

Predictability of a combination of references must be at the time the invention under examination was _____.

A

made / invented (aka filing date)

79
Q

Unsupported limitations _____ be considered by the examiner.

a) must
b) need not

A

must; all limitations must be considered

80
Q

The rationale to combine references _____ come from common knowledge.

a) may
b) may not

A

may

81
Q

The expectation of _____is the strongest rationale to combine references.

A

advantage / success

82
Q

Implicit disclosure in a reference may be used as grounds for a _____ rejection.

A

103

83
Q

Elimination of a step is _____ if the function is not desired.

A

obvious

84
Q

Elimination of an element while retaining function is indicia of _____.

A

unobviousness

85
Q

Automating manual activity is _____.

A

obvious

86
Q

A change in size, proportion, shape, or sequence, absent different performance, does not _____ from prior art.

A

distinguish

87
Q

Making portable, integral, separable, adjustable, or continuous does not distinguish, unless ___ or ____ results emerge.

A

new, unexpected

88
Q

Reversal of parts, duplication of parts, rearrangement of parts, and/or optimization _____ distinguish from prior art.

a) does
b) does not

A

does not

89
Q

An argument cannot replace _____.

A

evidence

90
Q

Examiner’s rationale of hindsight, “obvious to try” with hindsight, lack of suggestion to combine, lack of unpredictable result, or references that teach away _____ be argued against.

a) can
b) cannot

A

can

91
Q

The specification must be enabling as of _____.

A

the filing date

92
Q

In order to be enabling, no undue _____ can be required.

A

experimentation

93
Q

Enablement must be commensurate with the _____ of the claims.

A

scope

94
Q

A specific example, designation, or update following priority of best mode ______ required.

a) is
b) is not

A

is not

95
Q

A term may not be defined _____ to its usual meaning.

A

repugnant / opposite

96
Q

The requirement for clarity and precision in an application must be balanced with the limitations of _____.

A

language

97
Q

An unreasonable number of claims leads to a rejection for _____.

A

multiplicity

98
Q

A claim _____ be properly rejected as an old combination (i.e. an inventor’s improvement or contribution comprises but one element of a generally old combination, but the entire combination is claimed).

a) should
b) should not

A

should not

99
Q

Active concealment of best mode _____ required to fail to satisfy the best mode requirement.

a) is
b) is not

A

is not

100
Q

The best mode requirement _____ fulfilled if the best mode is accidentally concealed.

a) is
b) is not

A

is not

101
Q

Evidence of concealment is the _____ consideration in determining the adequacy of a best mode disclosure.

a) best
b) only

A

only

102
Q

If the quality of an applicant’s best mode disclosure is exceedingly poor, it may effectively result in _____.

A

concealment

103
Q

A single means claim, i.e. where a means recitation does not appear in combination with another recited element of means, _____ subject to an enablement rejection.

a) is
b) is not

A

is

104
Q

A _____ claim is a claim that recites a means-plus-function limitation as the only limitation of a claim.

A

single means

105
Q

A single means limitation that is properly construed will cover all means of performing the claimed function, and is therefore _____.

A

indefinite

106
Q

A constructive reduction to practice _____ require an enabling specification in compliance with 112.

a) does
b) does not

A

does

107
Q

An invented modification or combination that, if applied to prior art, would render it unsatisfactory for its intended use, _____ obvious.

a) is
b) is not

A

is not

108
Q

An invented modification or combination that, if applied to prior art, would change its principle of operation, _____ obvious.

a) is
b) is not

A

is not

109
Q

Product-by-process claims are limited by and defined by the process; determination of patentability is based on the _____.

A

product

110
Q

A product-by-process claim that claims the same product as disclosed in prior art but made by a different process is _____.

A

not patentable

111
Q

A factual reference ____ antedate filing to show that:
-undue experimentation would have been required
-a parameter from the claims was/was not critical
-a statement in the specification was inaccurate
-the invention was inoperative or lacked utility
-a claim was indefinite
-characteristics of prior art products were known
-level of ordinary skill at/around time of filing

a) must
b) need not

A

need not

112
Q

A factual reference _____ antedate filing to show that:
-the spec was enabling given the state of the art
-the spec was 112-compliant given the state of the art

a) must
b) need not

A

must

113
Q

The transitional phrase “_____” limits the scope of a claim to the specified materials or steps and those that do not materially affect the basic and novel characteristics of the claimed invention.

A

consisting essentially of

114
Q

The transitional phrase “consisting essentially of” may apply to apparatus claims _____ method claims.

a) but not
b) and

A

and

115
Q

A rejection under 102 and 103 _____ be made when the prior art product seems identical to the claimed product, but is silent as to an inherent characteristic.

a) can
b) cannot

A

can

116
Q

Where an applicant claims a composition in terms of a function, property, or characteristic and the composition of the prior art is the same as that of the claim but the function is not explicitly disclosed by the reference, the examiner may make a rejection under _____ and _____.

A

102 and 103

Study (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions