Test Reviews Flashcards
If both the claims and specification contain new matter either directly or indirectly, and there has been both a rejection and objection by the examiner?
the issue becomes appealable and should not be decided by petition.
A rejection of claims is reviewable by
Board of Patent Appeals and Interferences,
an objection and requirement to delete new matter is subject to
supervisory review by petition under 37 CFR 1.181.
[a]n interview should be had only when
the nature of the case is such that the interview could serve to develop and clarify specific issues and lead to a mutual understanding between the examiner and the applicant, and thereby advance the prosecution of the application.”
[a] request for an interview prior to the first Office action is
ordinarily granted in continuing or substitute applications[,] [a] request for an interview in all other applications before the first action is untimely and will not be acknowledged if written, or granted if oral.
an ex parte reexamination proceeding is terminated if
the patent owner fails to file a timely and appropriate response to any Office
An ex parte reexamination proceeding terminated under 37 CFR 1.550(d) can be revived if
the delay in response by the patent . . . was unintentional in accordance with 37 CFR 1.137(b).
In a reexamination proceeding, requests for extensions of time must be
filed on or before the day on which action by the patent owner is due pursuant to 37 CFR § 1.550(c).