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Posted on Aug 22, 2007 at 10:56 AM | Permalink
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Yo, can someone point me to the actual language of the new rules -- as in, 37 CFR 1.75(d), 1.75(f), etc.? The Registrar appears to only give the PTO spin on the rules in 3 sections: Background, Discussion, and Comments. Where are the actual rules?
Aug 22, 2007 at 01:51 PM
BabelBoy, check the last nine pages of the 129-page pdf file linked in the Final Rule post.
real anonymous |
Aug 22, 2007 at 02:09 PM
Aug 22, 2007 at 04:13 PM
David French writes:
This initiative is a continuation of the policy to cut-down multiple exchanges between examiner's and applicants. The USPTO once allowed multiple office actions before final, a procedure which is still available in Canada. Then, in the 1960s, I believe, the USPTO adopted the policy of making a second examiner's office action final. That is the source of the problem. The objective was to cut-off debate and force applicants to get-it-right when they respond to the first office action.
I think the answer is to file an appeal and to file a continuation at the same time. That will get the examiner's attention and soon you will see many final office actions being withdrawn from final status.
David J. French |
Aug 23, 2007 at 09:27 AM
That works, but only if you go to the trouble of filing an appeal brief.
Aug 23, 2007 at 03:08 PM
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Jason Rantanen, Associate ProfessorUniversity of IowaCollege of LawSSRN Articles
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