Taking Patent bar tomorrow, PLEASE HELP ME!

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lawschoolisfun2012
Posts: 99
Joined: Sun Aug 23, 2009 2:56 am

Taking Patent bar tomorrow, PLEASE HELP ME!

Postby lawschoolisfun2012 » Fri Sep 02, 2011 11:59 pm

Taking the patent bar tomorrow and I hope someone online knows this answer:

(see below) Is this a 102(d) rejection only? Is it possible to have both a 102(b) and (e) rejection? Why does 102(a) not apply? I saw this question on my exam in APril and failed.

Another variant of 102(b)question:

French App 1-4-03 turns to French patent 12-5-03 then US app in 4-1-04. which 102 may examiner use to reject prior art?
a.102a
b.102b
c.102d
d.102a & 102d
e.102b & 102d

lawschoolisfun2012
Posts: 99
Joined: Sun Aug 23, 2009 2:56 am

Re: Taking Patent bar tomorrow, PLEASE HELP ME!

Postby lawschoolisfun2012 » Sat Sep 03, 2011 12:06 am

Please?

foxtrottortxof
Posts: 51
Joined: Fri Nov 05, 2010 10:47 pm

Re: Taking Patent bar tomorrow, PLEASE HELP ME!

Postby foxtrottortxof » Sat Sep 03, 2011 12:14 am

You'll be fine.

run26.2
Posts: 897
Joined: Thu Jul 01, 2010 1:35 am

Re: Taking Patent bar tomorrow, PLEASE HELP ME!

Postby run26.2 » Sat Sep 03, 2011 12:34 am

lawschoolisfun2012 wrote:Taking the patent bar tomorrow and I hope someone online knows this answer:

(see below) Is this a 102(d) rejection only? Is it possible to have both a 102(b) and (e) rejection? Why does 102(a) not apply? I saw this question on my exam in APril and failed.

Another variant of 102(b)question:

French App 1-4-03 turns to French patent 12-5-03 then US app in 4-1-04. which 102 may examiner use to reject prior art?
a.102a
b.102b
c.102d
d.102a & 102d
e.102b & 102d

You need more info to answer this question, such as whether the foreign application or patent was published. I assume France publishes their patents. See MPEP 2126.

Also, more info is required if 102(d) is to apply. The applicant or the applicant's representatives or assigns must be the same in order for a 102(d) rejection to be proper. There are other requirements, too. See MPEP 2135.01.

lawschoolisfun2012
Posts: 99
Joined: Sun Aug 23, 2009 2:56 am

Re: Taking Patent bar tomorrow, PLEASE HELP ME!

Postby lawschoolisfun2012 » Sat Sep 03, 2011 1:14 am

assume France did publish the application. Then would 102(d) and (b) apply? Basically, can you play out the hypothethical facts how you would get (b) or (d) or both? (a) and (e) are out I assume?




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