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Patent Law School Exam: Essay No. 3. 3. Printable Last | Blank Real? (15 POINTS) Under 35 U.S.C. Templates? § 112 patent claims may be invalidated as indefinite. The Federal Circuit has interpreted the law to invalidate patented claims only when those claims are “insolubly ambiguous.” The insolubly ambiguous standard is a high standard, and Printable Last Will Form | Blank Real, patent claims are quite unlikely to be found invalid under that standard. More recently, policymakers have considered lowering the standard, but only for pre-issuance patent applications undergoing patent prosecution. Is this proposal a good idea? Why?

Law Professor at the University of Missouri School of Law. View all posts by Effective And Cover Letter Techniques Dennis Crouch → 133 thoughts on “ Patent Law School Exam: Essay No. 3 ” Folks, please don’t denigrate the word “ambiguous” According to the Collins English Dictionary the Printable Will And Testament Form | Blank Real, word “ambiguous” has two distinct definitions: 1. having more than one possible interpretation or meaning.

2. difficult to understand or classify; obscure. There is ABSOLUTELY nothing wrong with a patent term having more than one possible meaning – in fact it’s a good thing, in that it allows one write a claim of appropriate scope without being prolix. There is also nothing wrong (at least according to the Federal Circuit) with a patent term that is merely “difficult” (i.e. challenging or demanding) to understand. “The answer is that, except for certain crybaby gadflies – like Mooney, nobody cares because Mooney is Statement Medical Forms Daycare, crap. And Testament | Blank Real? If somebody actually cared Mooney would be careful and focused, from Talent, Karaoke, Poster Or Ad | Karaoke, The O, beginning to end, and beginning with the decision to not bother getting involved in patents in the first place.” Referring to the original post, what utterly worthless garbage. The above edits are provided to offer a more realistic interpretation of the original crap post.

The standard IS already lower during prosecution. Printable Sample Will Real? The policy makers and patent law school professors should find something else to do than gratuitous intermeddling. On a related note, has anyone here been an applicant, an examiner, and Open Mic, Talent,, a practitioner as well? I have met many people who are 2 out of 3, but very rarely did I meet someone who was 3 out of 3. “As I said to MM, when you out yourself, I’ll consider outing myself. Actually, that question is rhetorical since I would never do it.” That’s fair.

How about picking out a random published app and give your take on Office abuse? “That particular attorney pi ssed me off by actually successfully traversing a legit restriction.” Follow up question. How does a practitioner successfully traverse a restriction if the Sample And Testament Form, restriction was legit? Granted that not many people understand MPEP 800, which is rumoured to be currently undergoing major reconstruction, if you correctly assessed the inventions and/or species, followed by estalishing the Arithmetic Sequences - Youtube, burdensomeness of searching, how then can the Sample Will And Testament Estate, requirements be successfully traversed? I feel that if the groupings you make up are not subject to Slippers Skirting statutory double patenting rejections when filed in Printable Sample Last Will And Testament Form Real, divisionals, the burdensome search is pretty much a freebie test. If he/she/it traversed your burdensome search criterion correctly, you did a pretty bad job of establishing the burden. Any comments on Medical Top 25+ Best what happened in the case? “I don’t think I’ve seen a legit restriction, even following the Last And Testament Form | Blank Real, examiner-friendly MPEP, in all my years of practicing. Resume And Cover? BTW — when I say legit restriction, I don’t mean that the Will And Testament, “end result” was proper (i.e., the claims were properly restrictable), I mean that the examiner properly discharged the burden of establishing that these claims should be properly restricted”

Right. Templates? Never seen one in all your years. I’m not unfamiliar with restriction practice. I don’t need to seek others help with it, although there are those who feel some types of restrictions which are completely legit should be against Printable Last Will And Testament Estate an unwritten policy. Pool Skirting Template,? Ridiculous. You attorneys take the system being so biased towards you in many areas for granted and don’t realize that anytime you actually win “on the merits” there’s a 50/50 that you only won “on a dumas policy” that was put into place so that you don’t btch too much about the Printable Last Will Real, parts of the law that aren’t blatantly biased for you.

The only areas of the law that I can think of off the Effective And Cover Writing Techniques, top of my head that aren’t subject to some dumas policy or other are 102 and 103. They’re the most solid of our grounds of rejection because they’re basically the Printable Last Will And Testament, only portions of the law that haven’t been gutted by the courts. One on one, to the death. Actually the “job search” (which was just me responding to people seeking me out mostly) isn’t going anywhere atm, unless you consider people still seeking me out it going somewhere. I’ve been busy with working out and 2011 Primary Care Case (pccm) Referral, a few vid games and going out. Sample And Testament Real? I’m thinking maybe take the agents exam right fast, a bud of mine just did it and passed with only On A Pool Skirting Template, a few days o studying. Not to be mean to Last Will And Testament Real the guy but I kind of feel like I might be a little smarter than him, so I don’t think I should have that big of trouble with it. Thing is, 550$ for something I’m not completely sure I’m going to use?

Jebus, what a ripoff. “That particular attorney pi ssed me off by actually successfully traversing a legit restriction.” Legit restriction —- hahahahahahahahaha. I don’t think I’ve seen a legit restriction, even following the examiner-friendly MPEP, in all my years of practicing. BTW — when I say legit restriction, I don’t mean that the “end result” was proper (i.e., the claims were properly restrictable), I mean that the examiner properly discharged the burden of establishing that these claims should be properly restricted. If the Tmppm Primary Care, attorney successfully traversed, then your restriction wasn’t legit. 6K — you problem (among many) is you think that everything you’ve been taught at the USPTO is correct.

You assume that because your primary, spe or next-door neighbor said this rejection was OK, then it must be OK. A good attorney (remember — you once aspired to join our ranks; btw — how’s that job searching going?) doesn’t rely on other people’s opinions. He or she may ask for Printable Sample Will And Testament Form Real Estate an opinion, but when it is about an issue that he/she is Slippers Skirting Powerpoint, unfamiliar, the Printable Sample Last Will And Testament Form Real Estate, good attorney will always verify first. Look at the MPEP for guidance, then look at the code, look at the rules, and look at the case law (and when I mean case law, I don’t mean the little one sentence snippets from the MPEP). Only after you review of those sources should you proceed. Granted, most examiners (you included) are not particularly familiar with the MPEP, most of the case law, the rules, and the code, so you have to rely on your compadres at Slippers, the USPTO. Sample Last? However, as anybody who has played the “telephone game” can vouch for, as the message gets transmited from one person to the next, that message becomes garbled. Eventually, what I’ve seen from the Slippers On A Powerpoint Template, Backgrounds, examiner I deal with (and from you) is an incomplete (at best) and/or incorrect knowledge of the Printable Sample Last Will And Testament Form Estate, law.

“If any of your 20 cases are available for public inspection, please post the serial number(s) as well as your take on the abuse.” As I said to Effective Resume And Cover Writing MM, when you out yourself, I’ll consider outing myself. Actually, that question is rhetorical since I would never do it. Why do people ask such silly questions? Besides, any intelligent attorney isn’t going to want to comment on any of their pending applications. Printable Sample Will Form Real? Anybody on this board ever hear of estoppel?

As if I’m going to ramble on about one of my cases, opining about stu-pid references that 6K finds, but never gets cited by the USPTO. Like my clients (or anybody else’s clients) are going to appreciate that. Trust me, I would absolutely love to identify a couple dozen applications. However, my duty lies with my client’s best interests … no matter how badly I want to shine a light on the USPTO’s incompetence. “Our job is 2011 Primary Care Case Management (pccm) Form, not to ‘follow the law’ our job is issue applications that appear on Printable Form | Blank Estate examination to Effective Letter Techniques be entitled to a patent. And, as the courts repeatedly remind us, our job is also to issue only valid applications.” Only 6K would write this. Your job . Last Form Real? IS. to follow the law … period.

The law states what you are to 365 Subscriber Templates examine, how you are to examine, and what standards you are going to apply. Everything you do is based upon U.S. Code, U.S. Last Form Real? case law, and the rules (properly) promulgated by Free Statement Forms. Daycare Medical Forms Best the USPTO (the USPTO has seem to forgotten how to properly promulgate rules these days). I don’t like getting political on Printable Sample Last And Testament Form | Blank Real Estate these boards, but has 8 years of Bush degraded the ethics of the Tmppm Primary Care (pccm), executive branch this much that even the peons like 6K feel that they are above the law? FYI 6K … if you ever get one of my cases … please, I beg of you, write “my job is not to follow the law” anywhere within any of the office actions you prepare. I will make that the centerpiece of any appeal I file. “Why would I feel sorry for Sample And Testament Estate these people? Who cares if the Mic, Comedy | Karaoke,, PTO ‘screws up’ these applications? The answer is Will And Testament Real Estate, that, except for certain crybaby gadflies, nobody cares because these inventions are crap.

If somebody actually cared the Open Mic, Talent, Karaoke, Comedy Or Ad | Karaoke, The O, prosecution of the applications would be careful and focused, from beginning to end, and beginning with the Sample Last Will And Testament | Blank Real, decision to not bother filing a patent application in the first place.” Your ability to On A Skirting consistently not get it is indeed remarkable. Obviously somebody cared about the prosecution of these applications. The applicants in particular. That’s why they appealed them to the Fed. Cir. The fact that the Printable Will And Testament | Blank Estate, PTO has been unable, despite numerous opportunities, to - Youtube present prima facie cases against either application, demonstrates that, despite your personal feelings regarding the merits of the Printable Last | Blank Estate, inventions, the applications are not crap.

Granted, the Mic, Karaoke, Comedy Or Ad The O, applications don’t disclose anything as ground breaking as the protein fragments and molecules that you apparently deal with, but as pds noted, the PTO’s handling of these cases is indicative of the lousy state of examination at Printable Sample Will Form, the PTO. That lousy state is only getting worse. I’m not above the law. “Power-tripping and Effective Resume And Cover Techniques, deciding which parts of the law you like and Sample Last And Testament Form Estate, follow and Free Statement Daycare Medical Best, which parts of the law you don’t like and simply ignore IS a critical problem with the Office.” Says who? You.

Face me in one on Sample And Testament Form | Blank Real Estate one combat to the death. Maybe your fellows will learn something when I’m through with you. Send Donaldson if you like. “Our job is 365 Subscriber Templates, not to “follow the law” our job is issue applications that appear on examination to be entitled to Printable Sample Form | Blank a patent.” Um, Are you saying that you are to Statement Forms. Daycare Medical issue applications that appear on examination to be entitled to a patent by NOT following the Law’s rules on just what “entitled to a patent” means or how you are to perform the examination? No matter how much you like to think otherwise, you are NOT above Law. “The parts about “law” come into Sample Form play only in the context of a court room and in On A Skirting Template, Backgrounds, situations where there is a supposition that a court room might someday be visited.” “Only” you are wrong. Printable Sample Will And Testament Form | Blank Real Estate? I’m pretty sure that the Open Mic, Talent, Karaoke, Comedy Poster, law should be applied during prosecution and that you do have to follow the law. Someone quoted Donaldson recently to that effect — something that the courts also repeatedly remind you. Further, it is NOT your job to decide what is Sample Will Form | Blank Estate, law and what is lawlol.

Power-tripping and deciding which parts of the law you like and follow and which parts of the law you don’t like and Resume And Cover Letter Writing Techniques, simply ignore IS a critical problem with the Sample Last And Testament Real Estate, Office. If the offensive guard simply decides that he will be a receiver and runs a post pattern, guess what – the play doesn’t count and Sequences - Youtube, your team is penalized. pds, excellent reminder to Malcom. Malcom, you are still stale. For the case you guys cited above, I’ve looked over Printable And Testament Form | Blank Estate, the art and I have a hard time seeing why the previous rejections didn’t go to appeal on perusal. I haven’t looked at the smith reference yet, but the Arithmetic Sequences - Youtube, Julius ref is da rn near exactly what is Sample Last Will | Blank, needed and it clearly shows getting stuff out through the ho le in the top. “I don’t think you’re as bad as you make yourself out to be ;p” I’m not really, except in Slippers On A Pool Powerpoint Template,, this case with the bgard claim they want rejoined. Printable Sample? I will light that mo fo up with page upon page of rejections, none of Arithmetic - Youtube, which will involve art.

“Let me ask you an honest question though. Suppose that the claim is in condition for allowance, but the attorney pisses you off. Printable Real? Would you pass the case to Skirting Powerpoint allowance or would you bury the Sample Last Form Estate, case in appeal?” It depends. And Cover Letter Techniques? So far I haven’t buried any apps in appeal that I truly believe are in condition for allowance. But, if the right attorney came along anything is within the realm of possibility. Sample Last | Blank Real Estate? One particularly juicy case where I could have done this arose just this last week, I chose to issue. Tmppm >8.5 Care Management Referral Form? The case was not in Printable Last Estate, condition for allowance because the first ind blatantly covered things inherent to nearly all embodiments of 1000’s of references of prior art but the evidence just wasn’t there. The art was too unspecific to base a rejection on. But, that’s fine, some litigator can tank claim 1, the rest of the inds are probably legit. That particular attorney pi ssed me off by actually successfully traversing a legit restriction.

The case should not have involved all that it ended up involving. Took probably 4 days to Open Mic, Or Ad | Karaoke, search that sht the first time, and 2 or 3 after their amendments. “Instead, I think the Patent Office should actually have a slightly lower standard, where close cases should be decided in favor of the Last Will Form Estate, applicant.” Thereotically, there would be 2 camps in USPTO management. Camp 1 would want to grant maximum authority to examiners. As such, the affirmation rate at the Board should be 100%, wherein examiners only send up clear cut rejections. The rest should be negotiated with the applicant and And Cover Writing, allowed. Camp 2 would want to grant minmum authority to examiners. As such, the affirmation rate should be close to Last Will Form | Blank Estate the actual rate of Resume And Cover Letter Writing, allowable applications.

Perhaps 50%? Perhaps some other number reflective of the true allowance rate in view of the applications and Printable Sample Last And Testament | Blank Real, the prior art? In discussing this with my colleagues, I have found folks in both camps as well as somewhere in Effective Letter Writing, between. Any comments on the USPTO’s official goal for appeal affirmation? I personally believe that the USPTO is Printable Will And Testament | Blank Real, only a first filter.

Some examiners go too far and reject all close calls. If examiners were to allow all close calls and let the courts sort out the mess, the backlog would be greatly reduced, but the problem would then be directed to Office Templates the courts. Sample And Testament | Blank? Not necessarily a bad thing depending whom you ask. One of my colleagues commented that patent reform is like playing chess in Effective Resume And Cover Letter, many different dimensions. You change one variable and the system reacts by changing many related variables. “I promise you pds, you have never had to deal with the likes of Printable Sample | Blank Real, me. If you had, you probably wouldn’t want to talk about it. We’d have to call you PTS from now on, for post traumatic stress.” I may have dealt with a few of Arithmetic - Youtube, your incarnations. I don’t think you’re as bad as you make yourself out to be ;p. “If an applicant wants a patent that’s somewhat questionable, the Patent Office should err in favor of the Printable Sample Last Will Real, applicant and allow it.

The examiner can make a record of the questionable nature of the patent (i.e., the claims may potentially be found obvious over…, etc.) in the file wrapper. Let the Sequences, patent holder beware; enforce with caution.” While I agree with most of your comments, how do you feel about examiners creating file wrapper estoppels? “The first thing that would be required for the case to wind its way to the Fed. Cir. would be you convincing the other appeal conferees that you could send the case up to BPAI relying on Printable Sample Last Form Real Official Notice. Very unlikely to happen. Not impossible, but highly unlikely.

Most likely (99.9+%) you’ll be told to re-open and And Cover Techniques, cite a reference.” Some of my own cases went to appeal with ON. How many would you require to overcome “highly unlikely”? “See MPEP 707.07(d): Nor should he or she (i.e. the examiner) express doubts as to the allowability of allowed claims or state that every doubt has been resolved in favor of the applicant in granting him or her the claims allowed.” I am interested in comments about this issue as discussed above. “If you knew anything about In re Bogese and the law, you would now that it dealt with an EXTREME example of Printable Form | Blank, applicant abuse that isn’t even possible for any applications filed after June 8, 1995, after which the patent term changed from 17 years from issue to Tmppm 2011 Primary Care Management (pccm) Referral Form 20 years from Printable Last | Blank Real Estate, filing.

This case was about Slippers On A dealing with “submarine” patents. Most aplicants do not want delay because of the 20 years from filing patent term. For every “In re Bogese” case you can find over the last 10 years at Printable Last | Blank Real, the USPTO, I can look at my current docket (and mine alone) and find you 20 examples of USPTO abuse.” I said directly that this is one, albeit extreme, case. I never said that it was representative of all cases. If any of your 20 cases are available for public inspection, please post the serial number(s) as well as your take on the abuse. “Stop sticking your head in the sand … the USPTO is anti-patents.” This is one of Office 365 Subscriber, many instances where you attack me in some form. I simply asked for clarifications. If you don’t want to Sample Last Will Form Real acquiesce, then you don’t have to 365 Subscriber reply.

“Your statement is just as much evidence as the And Testament Form | Blank Real Estate, examiner’s is right?” When both sides lack any real evidence, I suppose allegation from one is Arithmetic Sequences - Youtube, as good as allegation from the other. Let me ask you an honest question though. Suppose that the claim is in condition for allowance, but the Printable Will Form Real Estate, attorney pisses you off. Would you pass the Tmppm 2011 Primary Case Management Referral Form, case to Printable Sample Last Real allowance or would you bury the case in appeal? You don’t have to Statement Daycare Medical Forms answer if you don’t want to. I was just curious. “So, this admission that the Office screwed up its job in not applying the Law and allowing bad patents is Printable Sample Last And Testament | Blank, a rationale for changing the rules of the game? This is the rationale for STILL not doing your job and following the Office Templates, Law?”

Yes and yes. Although your statement is off by a little bit, you must be mistaking us for some other agency. Our job is Printable Sample Last And Testament Form Real, not to “follow the law” our job is issue applications that appear on examination to be entitled to Free Medical Best a patent. And, as the courts repeatedly remind us, our job is also to Printable | Blank Estate issue only valid applications. That is the part that is Slippers Skirting Backgrounds, difficult. Will And Testament | Blank Estate? The parts about “law” come into >8.5 Management (pccm) play only in the context of Printable Sample Will Form Real, a court room and in situations where there is a supposition that a court room might someday be visited. If your app is Sequences - Youtube, so bad there is no chance, then don’t look forward to having the Last Will And Testament Form Real, law looked at Effective Resume Letter, all that closely in Will, regards to your application.

” The job’s too tough so let’s change the Law? Man up, fix the critical problem. Templates? The critical problem is NOT the Law” No, you’re right, the Printable Sample Last Will And Testament | Blank Real Estate, Law is Templates, not the problem. Printable Real? It is actually the “lawlol” that is the problem. Templates? The lawlol has arisen from the Sample And Testament Form, courts. Like in KSR, those are mainly the things that need changing. As soon as those get put back into Tmppm >8.5 Primary Care Case Management Referral good order, I predict that filing will go down to a reasonable level once attorneys get a firm grasp of what they have a prayer at getting a patent on under the more restrictive lawlol to come. Examiners applying the Law are quite different from those applying the lawlol.

Just today I had my spe recommend a 112 1st on a claim that was an Sample Will And Testament Real originally filed claim to make app put support in Effective And Cover Letter, the spec So bad. I tried to explain to Sample And Testament Real him about how that’s not how 112 1st is current interpreted, but I don’t think he wanted to be wrong so I let it go. And, we have the personal assurances from Chief Judge M that things are a changin’ so that congress doesn’t have to - Youtube lay the smack down. “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to And Testament Form | Blank Estate the conditions and requirements of this title. 35 U.S.C. On A Pool Backgrounds? 102 Conditions for patentability; novelty and loss of Printable Last And Testament, right to patent. A person shall be entitled to Sequences - Youtube a patent unless —…”” Funny how your bicycle application appears to be anticipated by this reference clearly showing a steel beam. Printable Sample Last And Testament Real Estate? #128521; Lost your “rightlol” right there.

Sorry. “When you out yourself, I’ll consider outing myself. However, until all that happens, then we are stuck arguing about the patents/patent applications that Dennis provides us.” OH COME ON, borrow a juicy one from your buddy at the office, I’m sure at least one wouldn’t mind showing off a quality piece of work that is supposedly being stonewalled. I should add, the one app that I was afraid I might actually be stonewalling irl unjustifiably I recently found a 102b for. I consider myself vindicated. Mah trigger finger is itchy. “As I said before, you don’t practice before the USPTO.

I don’t care how many applications you have reviewed. Until you have to deal with the likes of 6K on a daily basis, you won’t understand all the unstated BS rules the USPTO employs.” Respectfully, as said above, I have prosecuted over 200 applications in classes 705 and - Youtube, 707. I was prosecuting before business method became its own TC. I deal with many examiners on a daily basis. “See the Printable Last Form | Blank, BPAI decision in Pool Skirting Template, Backgrounds, 09/077,337 (pages 8-9, iirc). Printable Last Will And Testament Form | Blank Estate? All that is required to traverse Official Notice is a demand that the examiner support the taking with substantial evidence.”

Based on my current dealings with the Board, I personally believe that they are 50/50 on ON traversal. I know some examiners that do not use ON at all. Statement Forms. Daycare Medical Forms Top 25+ Best? If the Applicant does not traverse, the Board pretty much lets anything stick as admitted art. Sample And Testament Form Real Estate? If the Applicant traverses in some form, then I think the Office, Board is 50/50 depending on what documentary evidence the examiner furnishes. “Yes.

My experience is that every time an examiner takes Official Notice, I simply respond by requesting that the examiner provide documentary evidence in support of the Printable Sample Last Will, taking. I NEVER state, or even argue, why the facts noticed aren’t considered to be common knowledge. Why? Because I’m not required to. That’s why.” Even if the MPEP had the effects of Free Daycare Medical Forms Top 25+ Best, law, anything is appealable I suppose. I never said that the MPEP is 100% correct. I wanted different opinions on this particular topic and cited the MPEP as a source. If one assumed that I believe that the MPEP is Printable Sample Will Form Real, 100% correct all the time, one would err. “My bad, I meant to cite: I thought a little bit more about the Effective Letter Techniques, original point a claim with multiple interpretations being indefinite or definite.

As said above, natural language will always have some form of ambiguity. I also thought about the “broadest reasonable” standard. This implies that there may be more than one reasonable interpretations, and Form | Blank Real Estate, the examiner should adopt the broadest one for examination. Under this guise, a claim with two reasonable interpretations would only need to have the broadest interpretation addressed by the examiner. What happens if the two interpretations are equally broad? Any comment? I’m just thinking aloud. I neither agree nor disagree with any particular person. If you disagree with me please just ignore. “Since process clams are now required to be tied to a particular machine or transform a physical article to a different state or thing, are process claims indefinite if they can be performed in Open Mic, Comedy Or Ad The O, different physical locations and on different models of a particular machine? Also how does the insolubly ambiguous standard affect the no structure limitations rule in process claims?”

No, and there is no rule against Sample Will Form Real Estate structural limitations in a method claim so long as they are incorporated into Daycare Medical Top 25+ Best the method step instead of Last Will And Testament Form | Blank Real, recited by themselves, so not at all. “As I said before, you don’t know the difference between holding and a dicta ” Actually I do, and I’m using the Office, dicta. “If the claimed invention ecompasses obvious subject matter (i.e., the overlapping portion), then it doesn’t matter about the non-overlapping portion. I know, I know … difficult concepts for you to comprehend when you already have your mind set on your desired result.” I already comprehend this, and Printable Will | Blank Real, I go further. I’m probably going to have to investigate the cases that the court cites in Slippers On A Pool Powerpoint Template,, their dicta and use one of those, but I bet this works out in Printable Last Form, my favor as I doubt the judge simply wrote his dicta without thinking what so ever. “The reason why (even MM) should care whether or not the PTO “screws up” is that if the USPTO screws up an (allegedly) crap application, then it is indicative that the Slippers Skirting Template, Backgrounds, USPTO will also screw up an important/valuable “flowery” application.” LOL. Yes, the USPTO screws up. But not nearly as often applicants screw up and it doesn’t matter how many comments you type up complaining about the USPTO that basic fact isn’t going to change. The behavior of applicants towards the PTO is about as senselessly greedy as Charles Manson trying every day and twice on Sample And Testament Form Sunday to get McDonald’s to deliver a custom-made Big Mac to San Quentin.

“A good measure of a fair government (and good law) isn’t how it treats the Mic, Comedy Poster | Karaoke,, best, it is how government treats the Sample Estate, worse.” The “worst” end up with thousands of issued patents every year that they don’t deserve so the government is working quite well for “the worst.” If the USPTO were Homeland Security, half the janitors in the Pentagon would be working for al Qaeda. The fact that some Afghani guy who can’t produce a birth certificate or provide any proof of citizenship finds that his job application at Statement Daycare, Area 51 was “delayed” for an inexplicable reason is not a sign that the Form | Blank Estate, “system” is working against the public interest. “The answer is that, except for certain crybaby gadflies, nobody cares because these inventions are crap.”

JD … I was going to write that MM would say this, but it would have been only stating the “obvious.” The reason why (even MM) should care whether or not the PTO “screws up” is 2011 >8.5 Care (pccm), that if the USPTO screws up an Printable Last And Testament Form | Blank Real Estate (allegedly) crap application, then it is indicative that the USPTO will also screw up an - Youtube important/valuable “flowery” application. The “perceived value” should not be the basis for how the government evaluates a patent application. God knows, if MM ever gets arrested for …. well, let’s not go there — this is a family message board …. Last And Testament Form? we would hope that the government treats MM the Open Mic, Comedy Poster Or Ad The O, same no matter his disagreeable nature and questionable character. A good measure of a fair government (and good law) isn’t how it treats the best, it is how government treats the worse. Either MM doesn’t care how the USPTO treats applicants or MM is advocating that someone from government can arbitrarily decide what applicants deserve better treatment and what applicants do not. “But if you’d like to see an Sample example of an “awesome” invention that is getting worked over by the PTO, check out 2011 >8.5 Care Management (pccm) Referral Form, 10/190,039. Printable Will Form? It’s a “simple” mechanical case. So simple that even somebody as mechanically inept as you can understand it.”

Uh, that’s an obvious piece of Open Poster The O, crap if I ever saw one. And the fishing pole case is just another example of an inept clueless patent drafter wanking off trying to get some o dat ol timey patent action. Why would I feel sorry for Printable Will Estate these people? Who cares if the Arithmetic Sequences, PTO “screws up” these applications? The answer is Last Form | Blank Real Estate, that, except for certain crybaby gadflies, nobody cares because these inventions are crap. If somebody actually cared the prosecution of the applications would be careful and focused, from beginning to end, and beginning with the decision to not bother filing a patent application in Pool Template,, the first place. Interesting case you cited. Classic USPTO. The BPAI affirms the examiner’s 102 rejection. However, once appealed, the solicitor realizes that they are stuck with a bad decision and want to remand it. To be honest, once the USPTO asked for the remand, I knew they were going to get it.

The FC isn’t going to opine on something they don’t have to. I see that a final rejection has been issued after remand. Let’s see how the BPAI treats this knowing that they’ll scrutinized by the FC. “The last time I asked Teh Big Whiners here to And Testament provide some examples of their awesome inventions getting screwed over, we were presented with incredibly smelly and impossibly lame great great great great great grandchild of a continuation. I’m still waiting to see the Open Karaoke, Comedy, good stuff.” The examples I provided met the exact criteria you specified. Sample Last Will Form Real? An objectively baseless rejection. Statement Forms. Daycare Forms? Of course, faced with that proof, you changed the criteria. Sample Will And Testament Form? And then claimed that because the two examples had a large number of On A Template,, continuations pending, they were somehow disqaulified as meeting your request.

Although you never said anything about that in setting forth your initial request. Printable Sample Form? Nor did you explain why the number of pending continuations had any bearing on why the particular rejections were not objectively baseless. Typical for you. But if you’d like to see an example of an “awesome” invention that is getting worked over by the PTO, check out 10/190,039. It’s a “simple” mechanical case. So simple that even somebody as mechanically inept as you can understand it. The rejections are appealed to BPAI. Arithmetic - Youtube? BPAI affirms.

Case is Form Estate, appealed to Fed. Effective And Cover Letter Techniques? Cir. Appellant files brief. PTO requests a remand. Acknowledges rejections that were affirmed by BPAI are POS. Typical PTO. Wait until the applicant/appellant has gone through the time and expense of briefing the case, and then admit all the work done by the PTO up until that point is worthless garbage, and request an opportunity for Printable Last Will | Blank Estate a do over.

Like I always say, the PTO considers it their right to have an unlimited number of opportunities to get it wrong. Check out page 12 of the (associate) solicitor’s 9/7/06 brief. And Cover Letter Writing Techniques? Particularly the part where she claims that if the Fed. Printable Will And Testament Form Real? Cir. will remand she’ll personally monitor the application to make sure the Office, case is expeditiously handled. The remand is Last Real, granted. 8+ months later another lame OA is issued. That’s certainly expeditious handling. Although it’s not publicly available in PAIR, check out the Effective Resume And Cover Letter Writing Techniques, fishing pole application 10/899,352 (In re Wheeler) that’s discussed on the Patent Prospector site today. Anticipation rejection. Affirmed by Last Will And Testament | Blank Real Estate BPAI. Reversed by Templates Fed.

Cir. We’re now at the point where the PTO, and Sample Last Will Form Estate, BPAI, can’t even establish a prima facie case of anticipation against a fishing pole. Or recognize when the On A Skirting Powerpoint Template, Backgrounds, examiner’s case is a complete POS. But there are no problems with objectively baseless rejections being issued by Printable Sample Form Real Estate the PTO. Let me guess, these examples don’t qualify either. “I’m still waiting to see the Slippers On A Pool Skirting, good stuff.”

When you out yourself, I’ll consider outing myself. However, until all that happens, then we are stuck arguing about the patents/patent applications that Dennis provides us. “So, this admission that the Printable Sample Will And Testament Form Real Estate, Office screwed up its job in not applying the Law and allowing bad patents is a rationale for changing the rules of the game? This is the Powerpoint Backgrounds, rationale for Printable Last Will | Blank Estate STILL not doing your job and following the Law? Blame the applicants when the Office doesn’t know and properly apply the Law?”

Wow, that’s some serious crybaby right there. News flash: e6k is a patent examiner, or at least he plays one here. Unless you get off satisfying e6k’s sadistic tendencies, why get bent out of shape arguing with the And Cover Letter Writing, guy? He can’t do dick to change the PTO. The last time I asked Teh Big Whiners here to provide some examples of their awesome inventions getting screwed over, we were presented with incredibly smelly and impossibly lame great great great great great grandchild of a continuation. I’m still waiting to see the good stuff. Execution, Execution, Execution, “PDS, remember, the Printable Will And Testament Form | Blank Real, reason we’re “anti-patent” aka would like fewer allowed patents, is because of the whole public getting pissed about too many blatantly obvious patents slipping through. - Youtube? Never forget that.” So, this admission that the Printable Form, Office screwed up its job in not applying the Tmppm 2011 Primary, Law and allowing bad patents is Printable Form Real, a rationale for changing the rules of the Karaoke, Comedy The O, game? This is the rationale for STILL not doing your job and following the Law? Blame the Last And Testament Real, applicants when the Office doesn’t know and properly apply the Karaoke, Comedy | Karaoke,, Law?

The job’s too tough so let’s change the Law? Man up, fix the critical problem. The critical problem is NOT the Law. “It’s not like all examiners follow the rules anyway.” HELLO – we have identified the problem. Know the Printable And Testament Form | Blank Estate, law – do your job, stop the Power-grabbing, anti-patent campaigns. Ethical abandonment to - Youtube force applicants to dance just because the Printable Sample Will And Testament Form Real Estate, Examiner can and Arithmetic - Youtube, try to Sample And Testament Form | Blank Real meet the Examiner’s expressed opinions that run counter to the Law: “35 U.S.C. 101 Inventions patentable. Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 35 U.S.C.

102 Conditions for patentability; novelty and loss of right to patent. A person shall be entitled to a patent unless —…” We need a new Head Coach for this team… Since process clams are now required to be tied to a particular machine or transform a physical article to a different state or thing, are process claims indefinite if they can be performed in different physical locations and on different models of a particular machine? Also how does the insolubly ambiguous standard affect the Free Medical Top 25+ Best Daycare, no structure limitations rule in process claims? “And your point is? If the art is Printable Last Will Form | Blank Real, good, no amount of MPEP is going to help you. It’s not like all examiners follow the rules anyway.” Herein lies the problem. The art is rarely good.

If the Office, art is good, I usually don’t need an examiner to explain why it is good. Moreover, if the art is Sample Last Form Real, good, I’m not going to waste my time (and the client’s money) arguing. Instead, I’m going to amend or recommend that the application be abandoned. However, I rarely have to amend, and my recommendations for abandonment are few and far between. 2011 >8.5 Care Case Management (pccm)? Instead, I’m stuck with examiners trying to put lipstick on And Testament Real Estate a sty full of pigs. This is where the MPEP and plain, old case law help me to show the Mic, Talent, Comedy Or Ad | Karaoke,, examiners the errors of their ways. If the Will And Testament Form | Blank Real, examiners ignore the rules, then they will get appealed, and since (from my experience) a very large percentage of applications I appeal never get an examiner’s answer, I would say that at least someone at the USPTO knows a solid argument when they see it. “Unlike you, I know the MPEP, and Effective Resume And Cover Letter, I know all the goodies in it that are to applicants’ favor.” And your point is?

If the art is good, no amount of MPEP is Printable Last Will And Testament Estate, going to help you. It’s not like all examiners follow the rules anyway. “If applicant didn’t request documentary evidence, it probably would go to BPAI. Care Case (pccm) Form? If applicant did make a request, it would get re-opened and Sample Last Will Real Estate, the examiner would be told, “Go find a reference.”” Well it didn’t in my preappeal I just got through having the other day. Appeal might follow so we’ll see. Of course, that applicant dropped his request after he made it one time and I refused him, citing the MPEP (and some Zurko iirc, since he cited some).

“I would imagine that 95% of the public thinks that patents are a good idea …” All of the “public” that I know of that aren’t serious applicants already who have done some homework think the patent system is Mic, Talent, Poster | Karaoke,, a get rich quick lottery, or a way to make themselves feel “accomplished”. That is if we’re not counting the ones that know they don’t know wtf it is and Last Estate, admit it. “In any event, I do hope that you can at least see that I am not relying on the judgement of obviousness for the overlapping portions of the ranges, but rather the judgement of obviousness of the Slippers Skirting Powerpoint, not overlapping portions, i.e. the actual different portions.” As I said before, you don’t know the difference between holding and a dicta … in fact, you probably think holding is something what occurs during a football game which causes a flag to be thrown. “We agree, however, with the Board that the disclosure in the McGill patent of a carbon monoxide concentration of “about 1-5%” does allow for concentrations slightly above 5%.”

Thus, Woodruff found that there was overlapping ranges. As for your distinction between overlapping/nonoverlapping portions, as I told you a couple of Sample | Blank, days ago, obviousness is based upon the claimed invention, as a whole. If the claimed invention ecompasses obvious subject matter (i.e., the overlapping portion), then it doesn’t matter about the Effective Resume, non-overlapping portion. Will And Testament? I know, I know … difficult concepts for you to comprehend when you already have your mind set on your desired result. Regardless …. you lose, yet again. “I promise you pds, you have never had to Open Mic, Or Ad | Karaoke, deal with the likes of me.” I’ve had to deal with far worse.

Although you are somewhat lazy, you aren’t entirely lazy. Some of the Printable Last Form | Blank, worst examinations are examiners who won’t explain anything. As for you, you would be EASY to Templates take care of. You try to be a lawyer … and guess what? you aren’t, which means that you don’t understand case law, the difference between dicta and a holding, and your reading comprehension is awful. Factual errors are harder to Last Will And Testament | Blank Real Estate argue, but because you make so many legal errors, it would be easy to cut your arguments to shreds.

Heck, I would prosecute some of your cases for Talent, Comedy Poster Or Ad The O free … just for the fun of it … and I’m serious. Unlike you, I don’t shirk my responsibilities and take the easy way out. You would be bit-ching and Will Form Real Estate, moaning about me for weeks after you got my first response. Unlike you, I know the MPEP, and I know all the goodies in it that are to applicants’ favor. “PDS, remember, the reason we’re “anti-patent” aka would like fewer allowed patents, is because of the whole public getting pissed about too many blatantly obvious patents slipping through.

Never forget that.” Remember the old expression about “throwing the 365 Subscriber, baby out with the bath water.” BTW — I doubt that even the most ardent of patent critics can name no more than a dozen of these “blatantly obvious patents.” Moreover, if they are blatantly obvious, my response is the following: (i) the examiner did a shi tty job and (ii) request a reexamination of the patent. With over Printable Sample Will And Testament Form Real Estate, 7,000,000 issued patents, you are going to find some stinkers. Heck, with only a few thousand US patent examiners, we get the stinkers to show up on this board. As for the “whole public,” I guess most of those are (i) people who were afraid their Blackberries would stop working and Free Statement Forms Daycare, (ii) the open source crowd. I would imagine that 95% of the public thinks that patents are a good idea … however, the USPTO responds to the 5% squeaky wheels. “Also, why do you think an official notice wouldn’t make it through the Will Real, board?”

If applicant didn’t request documentary evidence, it probably would go to Statement Top 25+ BPAI. Printable Sample Will Form Estate? If applicant did make a request, it would get re-opened and the examiner would be told, “Go find a reference.” “…just like you don’t say ‘a prima facie case of anticipation’. You could … but you just don’t.” I almost always note the examiner’s failure to Arithmetic establish a prima facie case of Will And Testament Real, anticipation. Arithmetic? It’s no different than obviousness.

Same with enablement, or written description. It’s good practice to Printable Will And Testament Real Estate cite the requirements for establishing a prima facie case, of whatever the issue is (e.g. obviousness, anticipation, etc.), and then explain why the examiner’s rejection fails to establish a prima facie case. “clear prima facie case of nonpatentability” Is a rejection under 112 even said to be prima facie under any circumstances? That seems out of place. On A Template,? The only Printable Sample And Testament Form reason we use those words is for 103 iirc. You don’t say “a prima facie case of indefiniteness” just like you don’t say “a prima facie case of anticipation”. You could … but you just don’t. “Instead, I think the Patent Office should actually have a slightly lower standard, where close cases should be decided in favor of the applicant.” You should have made your name: Anonprosecutor2008. “Let the patent holder beware; enforce with caution.”

I would agree with you that the system should be changed to work thus, but the current system of forcing them into having a patent that deserves a presumption of Effective Resume And Cover Letter Writing Techniques, validity would require a complete overhaul by Printable Last Form Real Estate congress to accomodate such a change. “Bogese didn’t involve RCE’s. RCE’s weren’t available yet in Tmppm >8.5 Form, Mr. Bogese’s time.” I didn’t say they were. I said the only reason you have them is because the pto used its inherent authority to Printable And Testament Form give you a gift. “RCE’s are the evolution of CPA’s, which were the evolution of FWC’s” Thanks for confirming my point. Also, why do you think an official notice wouldn’t make it through the board? An Official notice made it through the board in Office 365 Subscriber, your vaunted Zirko without so much as a second glance. And then it made it through the SCOTUS.

I’ve also seen the scattered willy nilly around decisions, they’re not easy to spot though, the Sample Last Will And Testament | Blank, court just skips over them and barely mentions it unless the applicant raises it as an issue. You could be right, some people might be told to reopen. It’ll depend on the simplicity of the notice taken most likely. “The examiner can make a record of the Free Daycare Forms, questionable nature of the patent (i.e., the claims may potentially be found obvious over…, etc.) in the file wrapper.” Can’t do that. See MPEP 707.07(d): Nor should he or she (i.e. the examiner) express doubts as to the allowability of allowed claims or state that every doubt has been resolved in favor of the Printable Will And Testament Form Estate, applicant in granting him or her the claims allowed. “Don’t forget that first step, it’s the part that counts.

It’s also the part JD will likely leave out, and be SOL because of.” I’ve never argued that an examiner’s statement is 365 Subscriber, not substantial evidence. All I’ve ever done to traverse the taking of Official Notice is Printable Sample Last Form | Blank, request the Arithmetic Sequences, required documentary evidence. Works every time. “This is true that the examiner rarely requires him to. Because we’re an amicable lot. Last? Personally I go through the trouble just to Forms. Medical Top 25+ Best taunt them into appealing the matter to the CAFC.” Let’s see about that. The first thing that would be required for the case to wind its way to the Fed. Printable Form? Cir. Comedy Poster? would be you convincing the other appeal conferees that you could send the case up to BPAI relying on Official Notice. Very unlikely to Printable Last Will Form Real Estate happen.

Not impossible, but highly unlikely. Most likely (99.9+%) you’ll be told to re-open and cite a reference. The next thing that would have to happen is you’d have to Talent, Comedy Poster The O be affirmed by BPAI. Okay, we can all stop laughing now. “You know what is funny JD? The only reason you EVEN HAVE RCE’s is because of the pto using its inherent authority pre-1952 to Last Will And Testament Real give them to you. Ungrateful self-entitled upstarts these old timers are.” Bogese didn’t involve RCE’s. Pool Powerpoint? RCE’s weren’t available yet in Mr. Bogese’s time. RCE’s are the Printable Sample Last Will And Testament Form Real Estate, evolution of CPA’s, which were the evolution of Free Statement Medical Forms Best, FWC’s.

The good thing about being an old-timer is you have some understanding of history. Printable Sample Last Will And Testament Real? Mostly because you witnessed it first hand. I’m just responding to the original post, since I haven’t had time to read all of the 365 Subscriber, comments yet. In short, I don’t agree with having a higher standard for 112 at Sample Last Will Form Real, the USPTO than the courts would use. The Patent Office is supposed to allow a patent application to issue as a patent unless the resulting patent would fail to Forms. Daycare Medical be enforceable. The Patent Office is therefore supposed to examine applications and should only reject those applications where there is a clear prima facie case of nonpatentability. So, the Printable Sample Last Will And Testament Form | Blank Real Estate, Patent Office is supposed to act as a filter that prevents patents from issuing that would otherwise be easily invalidated by the courts. In my opinion, if there is a reasonable chance that the courts would uphold a patent as valid, then the Patent Office should not be blocking its issuance.

Thus, in my opinion, the Patent Office should not have a higher standard than the courts for compliance with 112 (or any other statute). Instead, I think the Patent Office should actually have a slightly lower standard, where close cases should be decided in favor of the Tmppm 2011 Primary Management (pccm), applicant. Unfortunately, the Patent Office has become more of an obstacle than it was intended to be. Examiners seem content to block a patent even where it’s a close call. Where applicants feel they can reasonably rebut such a borderline rejection, they refuse to Sample And Testament Form | Blank Real Estate give up and continue to pursue a patent.

As a result, examination of each application takes longer than it should and we are left with the Free Statement Daycare Forms Top 25+ Best, current backlog. If an Last Will applicant wants a patent that’s somewhat questionable, the Patent Office should err in favor of the applicant and Office 365 Subscriber Templates, allow it. The examiner can make a record of the questionable nature of the patent (i.e., the Sample And Testament Form Real Estate, claims may potentially be found obvious over…, etc.) in 2011 Primary Management (pccm) Form, the file wrapper. Let the patent holder beware; enforce with caution. “That MPEP section you cite is the PTO’s made up nonsense. It has no force of law.” It does however have the Printable Last And Testament Form | Blank, force of 6k behind it. That force requires many $, and many months to even attempt to overcome. And don’t worry JD, as soon as you challenge it as not having the force of Resume And Cover Writing, law to the CAFC, it will have the force of law. ‘See the BPAI decision in 09/077,337 (pages 8-9, iirc).

All that is required to traverse Official Notice is Last Will Form | Blank, a demand that the Statement Forms. Daycare Medical Top 25+ Best, examiner support the taking with substantial evidence.” Thanks for the citation JD, I figured you had that one on hand. JD knows this is the case where the attorney specifically stated that the Printable Last Form | Blank Estate, examiners statement WAS NOT substantial evidence, and then incidentally demanded that he produce it. Don’t forget that first step, it’s the Office, part that counts. It’s also the Printable Last Form Estate, part JD will likely leave out, and be SOL because of. “Why? Because I’m not required to. That’s why” This is Effective Resume And Cover Letter Techniques, true that the examiner rarely requires him to. Because we’re an amicable lot. Form Real Estate? Personally I go through the trouble just to taunt them into appealing the matter to the CAFC.

PDS, remember, the reason we’re “anti-patent” aka would like fewer allowed patents, is because of the whole public getting pissed about too many blatantly obvious patents slipping through. Never forget that. “Most aplicants do not want delay because of the 20 years from Forms. Daycare Forms Top 25+ Best, filing patent term.” She’s right about the Sample Last Will And Testament | Blank, “abuse” though. Effective Letter Writing Techniques? But by “abuse” cases she means “cases where I didn’t present an application that appeared to Printable Last Will And Testament | Blank Real be entitled to Tmppm >8.5 Primary Referral a patent”. It is really her fault and she doesn’t want to take responsibility for it. BTW, my first Miyazaki rejection passed my spe a few hours ago Amazingly I was not able to raise the issue in Printable Last And Testament Form Real, two other cases, at least without really digging. Just goes to show, that case will not be the end o the world even if it does cause some minor problems here and there. “Yes. Bogese is the Pool Skirting Powerpoint Backgrounds, ONE case the PTO can cite.

From that, they have attempted to latch on to the “inherent authority” discussed by Sample Will And Testament | Blank Real the court in the ridiculous power grab that was the claim examination and Effective Writing, continuation rules. ” You know what is funny JD? The only reason you EVEN HAVE RCE’s is because of the pto using its inherent authority pre-1952 to give them to you. Ungrateful self-entitled upstarts these old timers are. “Regardless, how does one present evidence that the Printable Sample | Blank Real Estate, “noticed fact is not considered to be common knowledge or well-known in the art.” ” You might start by citing an obscure reference showing the noticed fact and stating you searched the relevant sub-classes and could not find a thing about it. Or, what I would do is state for the record that the fact noticed was not substantial evidence. Your statement is just as much evidence as the examiner’s is On A Template, Backgrounds, right? Though it’s probably not as substantial as the examiner’s #128521; “Until you have to deal with the Sample Last | Blank Estate, likes of Tmppm >8.5 (pccm) Form, 6K on a daily basis, you won’t understand all the unstated BS rules the Sample Last Will Form Real Estate, USPTO employs.” I promise you pds, you have never had to deal with the likes of me. If you had, you probably wouldn’t want to talk about Mic, Comedy Poster Or Ad | Karaoke, The O it. We’d have to call you PTS from Printable Last Form Real Estate, now on, for post traumatic stress.

I showed you guys that movie clip where me and a handful of examiners fought off wave after wave of invading attorneys back in Office, the day right? I’m going to put this simply so that you might stand a chance of Sample Last Form, comprehending it the second time I run it by you. When you’re done, you will have no doubt noticed that there are two issues inter alia. Letter Techniques? First there is the Printable Last Will And Testament | Blank Real Estate, issue of Effective Letter, whether or not the ranges do indeed overlap. The court agrees with the board that they do because the prior art teaches about Last And Testament Real Estate 5% and the claim says more than 5% which encompasses 5.00000001% which is in the prior art. Top 25+ Daycare? Then, moving to the next issue, there is the issue of whether or not patentability could be found in And Testament Form Estate, the difference of the claimed ranges compared to the ranges in the prior art. The court then states: “Nor can patentability be found in the difference in Arithmetic Sequences - Youtube, carbon monoxide ranges recited in the claims. The law is Sample Last Form Real, replete with cases in which the difference between the claimed invention and Tmppm 2011 Care Management (pccm) Referral Form, the prior art is some range or other variable within the claims.

See, e.g., Gardner v. TEC Sys., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed.Cir.), cert. denied, 469 U.S. 830, 105 S.Ct. 116, 83 L.Ed.2d 60 (1984); In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980); In re Ornitz, 351 F.2d 1013, 53 CCPA 716, 147 USPQ 283 (1965); In re Aller, 220 F.2d 454, 42 CCPA 824, 105 USPQ 233 (1955). These cases have consistently held that in such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range. Gardner, 725 F.2d at 1349, 220 USPQ at 786 (obviousness determination affirmed because dimensional limitations in claims did not specify a device which performed and operated differently from the prior art); Boesch, 617 F.2d at 276, 205 USPQ at 219; Ornitz, 351 F.2d at 1016-17, 147 USPQ at 286; Aller, 220 F.2d at 456, 105 USPQ at And Testament Form Real, 235. Woodruff has made no such showing in the present case. The only test results presented by Woodruff are the results reported by Mr. Bell, comparing Woodruff’s claimed invention to the commercial embodiment of McGill’s method. While Woodruff’s invention certainly showed superior fungi-inhibiting effect in these tests, the critical comparison is not with the commercial embodiment of Mic, Karaoke, Poster | Karaoke, The O, McGill’s invention, but with the method taught in his patent. According to Printable Last | Blank Real Estate Mr. Talent, Comedy Poster Or Ad? Bell’s declaration, the carbon monoxide concentration in the test group representing the commercial embodiment of McGill’s invention was allowed to drop to 0% after 4 days.

The McGill patent does not teach allowing the concentrations of any of the gases to fall out of the suggested ranges.” I give applicants the presumption that they are relying on the difference between their claimed range and the inherent range of the reference even though it is not concretely known if there is a difference or not. If there was no difference then I would have to use overlapping range caselaw, or within the range caselaw. As is, it seems to me the court is speaking to the difference between ranges. Considering that, is Printable Sample Last Will And Testament Real, it improper to use Woodruff for a case that does not involve an overlap, and is it improper to thus use the Effective And Cover Writing Techniques, courts statements as above to say that the applicant must show criticality, rather than myself? In any event, I do hope that you can at least see that I am not relying on the judgement of obviousness for the overlapping portions of the ranges, but rather the Last And Testament | Blank, judgement of obviousness of the Tmppm 2011 >8.5 Care Case (pccm) Referral, not overlapping portions, i.e. the actual different portions. pds observed, “Until you have to deal with the likes of 6K on a daily basis, you won’t understand all the unstated BS rules the USPTO employs.”

I could not agree more. The USPTO has no apparent desire to Sample Will And Testament Form Real Estate allow claims that are remotely close to the boundaries of patentable subject matter to Tmppm 2011 Case Management (pccm) Form which applicants are entitled. They too often reject based on gut feelings about what may or should be prior art and, as a result, rely on mediocre references and less than mediocre rationales, if any. Anyone with any amount of experience before the USPTO knows that the they will reject until the overly narrowed claims can survive a challenge based on their imagined prior art. The U.S.

Patent and Trademark Office has decided to stop releasing its annual list of the top 10 organizations receiving the most U.S. Printable Sample Last Will Estate? patents. “In ceasing publication of the top 10 list, the USPTO is emphasizing quality over Arithmetic Sequences, quantity by Sample Last And Testament Form Estate discouraging any perception that we believe more is Slippers Template,, better,” says Patent Office deputy director of public affairs Brigid Quinn. “For the past four years, USPTO has focused on the quality of the patents it issues. We are now seeing the results of those efforts. Last year, patent quality was the best in over 20 years, and the agency also had the Sample Last And Testament Estate, lowest rate of Mic, Karaoke,, patents approved in more than 30 years. Last Will And Testament Form Real Estate? We didn’t want to trump that by turning around and putting out a top 10 list that glorifies quantity over quality, where quality is really the Office 365 Subscriber Templates, focus.” In a world were R#038;D is ever-expanding; where new forms of technology are being discovered literally every day; and where there is natually more discovery than there ever was before (based simply on a greater population), the USPTO has decided that less patents is better. Stop sticking your head in the sand … the Printable Last Form Real Estate, USPTO is anti-patents. “When countered with the abundance of allegation of USPTO stalling, I believe this adds one more piece to the puzzle; sometimes the applicants themselves stall prosecution.” If you knew anything about In re Bogese and the law, you would now that it dealt with an EXTREME example of applicant abuse that isn’t even possible for any applications filed after June 8, 1995, after which the patent term changed from Open Poster The O, 17 years from issue to 20 years from filing. Printable Last And Testament Form Real Estate? This case was about dealing with “submarine” patents. Most aplicants do not want delay because of the 20 years from Office Templates, filing patent term. For every “In re Bogese” case you can find over the last 10 years at the USPTO, I can look at Printable Sample Last And Testament Form Real, my current docket (and mine alone) and find you 20 examples of Resume, USPTO abuse.

Can you clarify why your comments are relevant to my questions about 112 2nd? My bad, I meant to cite: “In my experience, I have never seen an practitioner try to ‘specifically point out the supposed errors in Sample Form | Blank Real, the examiner’s action, which would include stating why the noticed fact is not considered to be common knowledge or well-known in the art.’http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2144_03.htm” Nobody123, the reason you’ve never seen any practitioner state why the Free Forms. Daycare Medical Forms Top 25+, noticed fact is not considered to be common knowledge is Printable Will And Testament | Blank Estate, because that is not a requirement to Free Forms. Top 25+ Best Daycare traverse the taking of Will And Testament Form Real Estate, Official Notice. That MPEP section you cite is the PTO’s made up nonsense. It has no force of - Youtube, law. See the BPAI decision in 09/077,337 (pages 8-9, iirc). All that is required to traverse Official Notice is a demand that the examiner support the taking with substantial evidence. “At most, the best I’ve seen is some kind of blanket traversal without any explanation. Can anybody chime in Printable Sample And Testament Form | Blank Real Estate, with their experience?”

Yes. My experience is that every time an examiner takes Official Notice, I simply respond by requesting that the Open Talent, Karaoke, | Karaoke,, examiner provide documentary evidence in Sample Will Form, support of the taking. I NEVER state, or even argue, why the Open Mic, Talent, Comedy The O, facts noticed aren’t considered to be common knowledge. Last Will Form | Blank? Why? Because I’m not required to.

That’s why. “While we may consider the Slippers Pool Powerpoint Backgrounds, MPEP, being drafted by the USPTO, to Printable Sample Last | Blank Real Estate be self-serving and Slippers Pool Skirting Backgrounds, of course would not address torts committed by Form Real the USPTO, I believe that at least one instance of Mic, Karaoke, Poster Or Ad, applicant/practitioner stalling exists.” Yes. Bogese is the ONE case the PTO can cite. From that, they have attempted to latch on Last Real Estate to the Tmppm Management (pccm), “inherent authority” discussed by the court in the ridiculous power grab that was the claim examination and continuation rules. Mr. Printable Last Will Form | Blank? Toupin was actually bold enough to cite Bogese to the Fed. Cir. He barely got the case cite out of his mouth and was immediately shot down.

“the USPTO requires an EXTREMELY narrow and lengthy claims” “Can you cite any specific guidelines for this? Is this conclusion gleaned from Effective, experience or did you actually get this from a USPTO representative?” As I said before, you don’t practice before the USPTO. I don’t care how many applications you have reviewed. Until you have to Last And Testament Form | Blank Real deal with the likes of 6K on a daily basis, you won’t understand all the Office 365 Subscriber, unstated BS rules the USPTO employs.

In my experience, I have never seen an practitioner try to “specifically point out the Printable Last Will And Testament Form | Blank Real Estate, supposed errors in the examiner’s action, which would include stating why the noticed fact is not considered to >8.5 Case Management Form be common knowledge or well-known in the art.” Because that language was recently added to Printable Sample Last Will And Testament Form | Blank Real Estate the MPEP and Open Mic, Karaoke, Or Ad The O, the MPEP is not binding law. The reference to 37 CFR 1.111(b) is prefaced by “see” which means there is no literal support for their requirement, they are just hoping that their requirement can been “seen” from this rule. Regardless, how does one present evidence that the “noticed fact is not considered to be common knowledge or well-known in the art.” You are trying to prove the non-existence of something. “Looks like you responded to Sample Last Will And Testament Estate just about everything except my actual woodruff citation, way to go pds.” What I wrote is that “Proving the criticality of a range is only necessary AFTER the examiner has established a prima facie case of obviousness based on Mic, Karaoke, Comedy Poster Or Ad | Karaoke, overlapping ranges (see MPEP 2144.05(B)(III)).” In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Printable Sample Last Will | Blank Real Estate? In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir.

1990) (The prior art taught carbon monoxide concentrations of “about 1-5%” while the claim was limited to “more than 5%.” The court held that “about 1-5%” allowed for Tmppm 2011 >8.5 Case Management (pccm) concentrations slightly above 5% thus the Printable Sample And Testament Real Estate, ranges overlapped.) As such, I addressed Woodruff (i.e., overlapping ranges for establishing a prima facie case). 6K — you really need to work on your reading comprehension. David wrote:: “The heart of Sequences, patent examination is in sections 102 and Printable Last Will | Blank, 103. Sequences? Other sections – 101, 112, etc. – are SUPPOSED to be fairly low thresholds of formality and competence.” But have you *seen* some of the … that gets filed these days? Even a fairly low threshold could trip some of our fellow practitioners. “Ah, nothing like the stale scent of sanctimonious drivel to start the week.” Lovely to see that you noticed the slight sent your way.

Instead of, once again, adding a meaningless comment that in Sample Last Will Real, no way advances the conversation, why don’t you think about why the scent is so stale? Perhaps you’d realize that the staleness is because your comments by and large have been so meaningless for On A Skirting Powerpoint Template, Backgrounds so long that in the event that you actually have something worthwhile to Sample Last And Testament Real Estate add, bored (sic) readers simply see that the post belongs to you and either. a) ignore out of hand. b) get a whiff and then ignore the contents as more of the same useless pontificating. d) with seeming futily, try to give you candid advice that you yourself are too sanctimonius to consider let alone act upon. “I’m a little unclear on Tmppm 2011 >8.5 Care Case Referral Form what you’re saying by “it already doesn’t exist, or, more specifically, that it exists, but that it is never proper”. What is “it”? ON? In my experience, I have never seen an practitioner try to “specifically point out the supposed errors in the examiner’s action, which would include stating why the noticed fact is Printable Sample Last And Testament, not considered to Effective Letter Writing Techniques be common knowledge or well-known in the art.” At most, the best I’ve seen is some kind of blanket traversal without any explanation. Can anybody chime in with their experience?”

ON=official notice. That’s the topic of the conversation dude. Yes I could show you a case where they did properly traverse, JD knows which one it is but I don’t remember the Printable Last Will Form | Blank Estate, app no. Anyway, pds already stated her position for you. She’d get rid of it and she doesn’t like it because she’s grumpy, or probably just igno rant. She claims it is misused, but it is probably properly used but she just doesn’t have knowledge akin to Resume And Cover Letter Writing Techniques common knowledge in her arts. If I say usuing LED’s in Last | Blank, flashlights is old and well known as of 2005, they’d traverse the fact. I know that guy lol. See him all the time still but don’t talk to him often. Sequences? He’s a character, I’m surprised he didn’t make a joke about the allowance rate. “I have never seen any representative from the USPTO state that their goal is zero allowance.”

There are a few examiners who will admit this to you though. It is usually only in specific AU’s, not for the office as a whole. I can introduce you to examiners who will tell you they can’t allow but maybe 7 patents a year barring some really convincing cases popping up. “When countered with the abundance of allegation of USPTO stalling, I believe this adds one more piece to Sample Will | Blank Real Estate the puzzle; sometimes the applicants themselves stall prosecution.” I know of a case on my docket where that is happening. I keep daring them to appeal, practically begging. But they just will not do it. They’ll change the claims in some way that still reads directly on the art already applied and file another RCE.

We’re coming up on no. Sequences - Youtube? 3 iirc. I used to give them first action finals, but my new boss doesn’t like us to do that if they amend at all. Ridiculous policies. First action finals are there to reduce applicant heeing and hawing. So far as I can see there is no other reason for them to exist.

“A refreshing read of exchanges here on the board without the usual useless noise of Last Will And Testament, personal attacks, excrement and other fluff.” Ah, nothing like the stale scent of sanctimonious drivel to start the - Youtube, week. I just want to throw in one last thing tonight. The MPEP talks about prosecution laches: “The Federal Circuit affirmed a rejection of claims in a patent application on the ground that applicant had forfeited his right to a patent under the doctrine of prosecution history laches for unreasonable and undue delay in prosecution. In re Bogese, 303 F.3d 1362, 1369, 64 USPQ2d 1448, 1453 (Fed.

Cir. 2002) (Applicant “filed twelve continuation applications over Will And Testament Form Estate, an eight-year period and did not substantively advance prosecution when required and Free Daycare Top 25+, given an opportunity to do so by the PTO.”).” While we may consider the MPEP, being drafted by the USPTO, to be self-serving and of course would not address torts committed by the USPTO, I believe that at least one instance of applicant/practitioner stalling exists. When countered with the abundance of allegation of Printable Real, USPTO stalling, I believe this adds one more piece to the puzzle; sometimes the applicants themselves stall prosecution. “Ahh … gee whiz … how about Office this.

You are asking these questions and you don’t know what the USPTO’s “take” is. ” These links you posted fall under 101. To the best of Printable Will Form | Blank Estate, my understanding, the Slippers Template,, USPTO is applying this decision by Printable Sample Last Form requiring method claims to pass the “machine or transformation” test. Letter? All other facets of 101 prior to this decision remain intact. Can you clarify why your comments are relevant to my questions about 112 2nd? “And as most applicants will tell you, I’ve rejected it as a terrible idea. In exchange for a faster allowance, the USPTO requires an OVERWHELMING level of applicant-led examination and EXTREMELY narrow and lengthy claims. As any litigator will tell you, this type of claim is utterly useless for enforcement. And it’s not even a guarantee! The applicant’s request for accelerated examination may well be rejected by the USPTO, leaving the applicant with very expensive preparation costs for a narrow application that STILL isn’t examined for Sample Last Will And Testament six years.” Can you address specifically to 365 Subscriber Templates which part of the required documentation you object?

While I agree this is more work for the practitioner, the USPTO recommends mapping claim limitations to Sample Last And Testament Form | Blank Estate the best art with a table checking which art teaches which limitation. From a strategic perspective, assuming you get approved, this program put extreme pressure on the Corp to crank out final disposition within 12 months. While I acknowledge that pre-exam for program qualification is Resume, rigorous, once you get approved, the examiner is required to search the disclosed invention, as opposed to a mere suggestion by the MPEP: “Both claimed and unclaimed aspects of the Last And Testament Real Estate, invention described in the specification should be searched if there is a reasonable expectation that the unclaimed aspects may be later claimed” The accelerated exam program requires examiners to identify allowable subject matter in the specification, if any, as opposed to leaving the Techniques, examiner to determine “if there is Last And Testament Estate, a reasonable expectation that the Open Karaoke, Comedy Poster Or Ad | Karaoke, The O, unclaimed aspects may be later claimed”. Additionally, since the examiner is Sample Form | Blank Real Estate, under pressure to move the case, and Arithmetic Sequences - Youtube, because the applicant bears additional burden search requirements on top of the duty to disclose known art, can the examiner be less accountable for Printable And Testament Form identifying allowable subject matter? I mean that the examiner could be less gun-shy because the applicant bears more of - Youtube, a burden for a bad allowance. Printable Sample Last Form | Blank? The examiner also has less time for searching. Would these be good reasons for Slippers On A Pool Skirting Powerpoint Template, Backgrounds an examiner to allow a case? “the USPTO requires an EXTREMELY narrow and lengthy claims” Can you cite any specific guidelines for this?

Is this conclusion gleaned from experience or did you actually get this from a USPTO representative? Respectfully, I find your assertion not to be supported anywhere in the MPEP. Sample Will And Testament Form Real Estate? In fact, the MPEP says to reject unduly long claims as prolix: “Claims are rejected as prolix when they contain long recitations that the Effective And Cover Letter Techniques, metes and bounds of the claimed subject matter cannot be determined.” Could you clarify? “The applicant’s request for accelerated examination may well be rejected by the USPTO” I agree that acc. Printable Form Real Estate? exam. requests are processed by special examiners, but in my review of these cases, the And Cover Letter Writing, special examiner clearly sets forth the errors for denying acc. exam. Sample Will Real Estate? status so that the practitioner can correct the deficiencies. In 100% of these cases, I have found that the request is later approved when the Effective Writing Techniques, deficiencies are corrected. What has been your personal experience? “leaving the applicant with very expensive preparation costs for a narrow application that STILL isn’t examined for six years.”

I think this is highly dependent on the art. Printable And Testament | Blank Real? While it is true that pendency for Slippers Pool Skirting Powerpoint Backgrounds first action is Sample Last Will Real Estate, 6 years in some areas, I know several areas where the backlog is practically gone. As said above, it seems like we’re using the worst of the bunch to represent the group. Can you comment? “It’s a terrible idea. That’s not just my conclusion: out of Open Talent, Karaoke, Poster The O, 500,000 apps filed in 2008, only 1,400 – about 0.3% – were petitioned for Printable Last And Testament | Blank Estate accelerated examination.” I neither agree nor disagree with your conclusion. Based on my experience, some of the 365 Subscriber Templates, practitioners I spoke with do not know that the accelerated program even exists. We would need more evidence why 99.7% do not file. Without more evidence, I am not comfortable saying that failure to enter the program amounts to a conscious value judgement on the program by the applicant/practitioner. “The Office needs to Real Estate stop power grabbing and thinking about changing the playing rules and start focusing on playing as the rules are.

If you are bad at American Football, don’t try to change the game to what the world calls football (and what we in the States call soccer), get a new coach and practice, practice, practice. Statement Daycare Forms Top 25+ Best Daycare? If the And Testament Form | Blank Real, General Manager/Owner does not want to hire a stellar coach, or obtain talented players, insisting on drafting raw talent that will take years to Tmppm >8.5 Primary develop, then there can be no surprise that the team will suck in the short to Sample Last Will Form | Blank mid term.” I think the biggest problem is the pay scale. A lot of examiners, especially attorneys, leave because of low pay. Unfortunately the pay scale cannot be raised until the examiner’s union is disbanded. Office? Like the auto industry, they live and die by the union. I personally believe that the best way would to give the examiners pay raises. Sample Will Form | Blank? That way, the good ones won’t leave. Second, examiners should be given strict examining guidelines drafted by OPLA.

This will ensure uniformity so that the practitioners will know exactly what to expect, and perhaps it will rope in rogue examiners as well. “Because these things have been used to limit our claims and hence hurt our clients.” How would you balance getting an allowance in the first place with unduly limiting the claim scope? It seems that trying to do one affects the other. “Fewer filings: John Love (Deputy Commissioner for the USPTO) talked about the goal of reducing applications at this year’s “Partnering in Skirting Powerpoint, Patents” program. So did John Whealan (Deputy GC and Solicitor for the USPTO) during his address at the AIPLA Annual Meeting two months ago. And “fewer filings” is the stated intent of the hard-pushed-for continuation rules. Etc.” Respectfully, this is Printable Sample Last Will | Blank Real Estate, not the Free Daycare Top 25+ Daycare, impression I got from John Love or any of Printable Sample Form | Blank, his representatives.

I was there for the 10/22/2008 Partnering in Free Forms. Daycare Forms Top 25+ Best, Patents presentation. I listened very intently during John Love’s speech. I do not recall him saying that his goal is to reduce filings. Would you happen to Printable Sample Will Real Estate have a transcript or something like that? Perhaps I was tuning out for a moment and did not fully comprehend his comments. “Fewer allowances: Did you see this chart from my post? That chart shows plummeting allowance rates – historically low, in fact.

And that slide came from Talent,, this report – – in which the USPTO slaps itself on Form | Blank Estate the back for having met its primary goals for 2006… which centrally includes reducing the allowance rate. That trend (and that goal) continued in 2007 and 2008. - Youtube? Here is this year’s report – – in which the USPTO again applauds itself on achieving a historically low 47.3% allowance rate.” I am not sure I would characterise the USPTO in the manner you did. Printable Last Form | Blank Estate? If you recall, during the Pet Peeves portion of the 10/22 meeting, the Bar’s chief complaint was the Tmppm 2011 Care Case Management (pccm) Referral, allowance rate. Robert Kim for the USPTO responded by saying that “we allow what is allowable”. I personally would characterise the USPTO as citing the reason for And Testament low allowance rates to be: a) the subject matter in Tmppm 2011 >8.5 Primary Care Management (pccm) Referral, view of the prior art, and b) the quality of the applications. In my opinion, this perspective is more consistent with everyone from the USPTO that I spoke with about the allowance rate. They seem to blame the applicant for the allowance rate.

Although it may be true of some individual examiners, I have never seen any representative from the Printable Sample And Testament | Blank Real, USPTO state that their goal is zero allowance. Specifically, I would like to respond to this comment: “http://www.uspto.gov/web/offices/com/speeches/06-73.htm. – in Effective Techniques, which the USPTO slaps itself on the back for having met its primary goals for Real Estate 2006… which centrally includes reducing the allowance rate.” In that report, the Open Talent, Or Ad | Karaoke, The O, USPTO acknowledges the Printable Sample Last Will And Testament Estate, low allowance rate: “At 54%, the patent allowance rate was also the lowest on record.” I did not see any direct patting on the back. Could you please clarify on what leads you to conclude this? “it is exactly counter to the stated desires of the current USPTO administration” Can you cite explicitly where your assertion comes from? “So why does the USPTO want to squelch patent filings? Great question. I have some answers for you, if you want them.”

Please share. I am very curious. “There’s a sort of tribal warfare going on among the examining corps, USPTO administration, the CAFC, patentees, and the public… and everyone is Arithmetic, losing.” I will agree with you there. I noticed that the push for business method quality in the early 2000s was met with lower allowance rates. Now it seems like the pendulum wants to swing the other way.

Perhaps we want less quality and more allowances, and let the courts sort out the claims? Is this what you want? “On that we can agree, except that there are likely outstanding members and less good members of both catagories. Sometimes I get the feeling that many of us on this board are perhaps some of the Sample Form Estate, more outstanding ones and we’re always btching that the suc ky members, that presumably make up the Office 365 Subscriber Templates, majority, of the opposite Printable Sample Will And Testament Real catagory suc k. And we’re probably right.” I agree. Resume And Cover? We shouldn’t judge a group based on the worst member. “His proposal is that it already doesn’t exist, or, more specifically, that it exists, but that it is never proper. Of course this is outrageous, but, if we’d had to Printable Sample Last Will And Testament Estate put up with as many bad ON as he probably has, we’d probably feel the same way.” I’m a little unclear on what you’re saying by “it already doesn’t exist, or, more specifically, that it exists, but that it is never proper”.

What is “it”? ON? In my experience, I have never seen an Free Statement Forms. Medical Top 25+ Best practitioner try to “specifically point out the supposed errors in the examiner’s action, which would include stating why the Printable Last And Testament Form | Blank Estate, noticed fact is not considered to be common knowledge or well-known in the art.” At most, the best I’ve seen is some kind of blanket traversal without any explanation. Can anybody chime in Pool Skirting Template, Backgrounds, with their experience? “I think if you have test data to prove unexpected results it is patentable. for the limited ranges bookended by Sample Last Will Form Real Estate the prior art, that is.”

I believe you are 50% correct. According to the MPEP, criticality, including unexpected results, may be used to rebut the prima facie case of obviousness: link to uspto.gov. I would be hesitant to Care Management Referral say that the claim would be patentable because assuming the Printable Will Form Estate, best reference is applied: a) the rebuttal may not be germane if the art is anticipatory, b) the rebuttal is not sufficient to under MPEP 716.02 and subsections thereunder: link to Sequences - Youtube uspto.gov. and/or c) the claim is not statutory. I would agree that establishing criticality correctly would/should overcome prima facie obviousness.

Whether the claim is Printable Last Will And Testament Real Estate, allowable depends on other factors. Fair? “Attorneys say that Exrs “h=te searching” while Exrs say that attorneys decline to say what the invention is, and how can they do a proper search until they know what it is.” I have a feeling that practitioners are reluctant to create file wrapper estoppels by unduly limiting the On A Skirting, claim scope during prosecution. Examiners are reluctant to allow claims that may have broader claim scope during enforcement than the Printable Will And Testament Form | Blank Estate, scope adopted during prosecution. Is this true?

“I have never known an examiner to evince consternation that the MPEP or unwritten patent office policy prevented them from rejection a claim they felt was unclear for failing to meet the requirement of Pool Skirting Powerpoint Template,, 112 2nd paragraph.” I know there was some grumbling prior to this decision: link to patentlyo.com. Some examiners were of the opinions that 112 sixth limitations directed towards computer related inventions should be rejected under 112 second if the specification does not clearly set forth the special purpose computer with special algorithms embedded therein. Other examiners believed that the Printable Sample Last And Testament Form | Blank Real, limitations should be interpreted broadly to encompass pure function, and could be addressed by functional art. The first group believed that the claim is indefinite while the second believed that absent any assertion from the practitioners, any 112 sixth limitation should be interpreted to envelop any structure capable of performing the recited functionality. I’ve seen actions go both ways and Slippers On A Pool Powerpoint Backgrounds, it appears that there were some internal struggles between these two groups.

“the depth and breadth of And Testament Form, ignorance and – even more clearly – inexperience clearly evident in many of the comments on this point does not bode well for the future of the Pool Skirting Powerpoint Backgrounds, patent system, and Last And Testament Estate, likely indicates the reason there are so many bad ideas being given undue credance in the largely misguided debating going on regarding the USPTO and patent reform” In general, or are you referring to any specific points raised on this blog, or this thread in particular? “A refreshing read of exchanges here on the board without the usual useless noise of personal attacks, excrement and other fluff. Thank you especially to Effective Resume And Cover Letter Writing Nobody123 – your input smacks of Printable Sample Will Form Real Estate, reason, applied intellect and a certain openness to Office Templates a healthy exchange of Sample Last And Testament Form | Blank Estate, views.” Thank you. Because I am fairly inexperienced compare to some, I am rather unbiased towards either side. I should add, the only app that I have had go to preappeal with a off notice used in the case so far ended up amending around the Tmppm Care (pccm), off notice and getting slapped with a reference for his more narrow claim anyway. Btw, that preappeal is Sample Will And Testament | Blank Real, going to Resume Writing Techniques appeal. Or, more likely, RCE. “(after your SPE beats you down, yet again, for Printable And Testament Form | Blank your abuse of taking official notice) ” I have never had such a thing happen.

I’ve made an “improperlol” combination of two pieces of AAPA. And I’ve also made a “proper” but “against policy” restriction. The only two fish to Tmppm 2011 Primary Management (pccm) get away from me yet. Printable Sample Last Will And Testament | Blank Estate? I probably could have still gotten the Effective Writing, restriction one but I decided to be generous, i.e. throw them into Printable Will Form Real limbo where their app will ro t for another 5 mo (it has been 5 already). They had to pay the Office, appeal fee already.

Even if they did file an appeal, it would probably be improper because the Printable Will Form | Blank Real Estate, whole problem with the app is an improper restriction, which is only petitionable. The 112 rejection based on the application having no claims left is 100% proper if the restriction stands. I haven’t decided yet if I should drag my feet until they have to Daycare Forms Top 25+ Best Daycare file an actual appeal, and then watch as it is Sample Last And Testament Form Estate, deemed improper. Do you have a position on Arithmetic this? Like I would ever suggest an amendment “to save face”. Keep dreaming. Hah, I hardly make a suggestion when you pathetic attorneys come begging for one. Last Form Real Estate? The only thing I’d do “to save face” is Tmppm 2011 Care Management (pccm) Referral Form, another couple of google searches and Printable Sample Last And Testament | Blank Estate, write you up a 102b.

Which is what I did in the app with the Open Mic, Comedy Poster Or Ad | Karaoke, The O, “improper” AAPA combination. I should also add, the reason I made that AAPA combination was because my old boss gave me the Printable Will And Testament | Blank Real Estate, ok. If I didn’t have a new boss the case would probably have gone to appeal. I really ha te changing bosses. Always a new policy. And they ALWAYS start out wanting me to get with them for Open Karaoke, Or Ad interviews. Slowly they realize that I have a lot of interviews and it is to Sample | Blank Real Estate their benefit to Office 365 Subscriber let me handle the small fish.

Looks like you responded to just about everything except my actual woodruff citation, way to Will | Blank Real Estate go pds. “due to managerial incompetence they cannot keep up with the filing increase which makes them look bad — so the alternative is to squelch patent filings” Yep, that’s one of the clear-cut answers. For whatever reason, the USPTO cannot bail itself out of its backlog, so it wants a vast reduction in filings. (I think this is criminally irresponsible for three reasons: 1) Issuing patents is, um, the 365 Subscriber, primary function of the USPTO. Any procedural change that involves “arbitrarily reducing patent issuances” is a flagrant violation of the Printable Sample Will And Testament | Blank Real, USPTO’s CENTRAL PURPOSE. It’s like asking a doctor to save fewer of the patients that he treats, or asking a policeman to arrest fewer criminals.

2) We have a MASSIVE and growing unemployment problem in Pool Powerpoint Template, Backgrounds, the U.S. Printable Sample Form | Blank? – particularly in high-tech areas! The USPTO can *definitely* hire its way out of this problem, particularly now! And at the same time, the USPTO gets to create jobs that help the economy… and with the bill footed by patentees! Why the hell the USPTO doesn’t see this is Arithmetic Sequences, beyond me. 3) Regardless of how many of its self-serving “goals” it meets every year, the fact remains that USPTO management has *abysmally* failed to Printable Last Will And Testament | Blank fix the central problems with the institution.

It is Statement Forms. Medical Forms Best Daycare, attempting to shift the attention – and blame – to greedy patentees and unethical practitioners in an attempt to Will Form | Blank Estate shield itself from hard-hitting questions that it can’t answer.) But I think that “fewer applications” is only half of the explanation for the USPTO’s position. Does anyone else wonder about the USPTO’s obsessive interest in “patent quality” (despite the complete nebulosity of that term?) From 1996 to about 2005, the USPTO gained a certain level of public visibility as patenting came into vogue. Effective Resume And Cover Techniques? Unfortunately, a lot of that PR was negative. Amazon’s “OneClick” patent and the RIM vs. NTP cases generated a ton of bad political press. The open-source software community decided to use its “kum-ba-yah” mojo to Printable Sample Last Will And Testament Form Estate demonize the patent system – largely as a foil against sworn enemies like Microsoft. Comedy Or Ad | Karaoke, The O? And everyone loved weighing in with half-baked opinions on how to “fix” the patent system, citing lame patents like “method of training a cat with a laser pointer” and “method of swinging a golf club.” At that juncture, the USPTO had some options.

It could have stood up for Printable Sample Last And Testament Estate itself and its examiners. It could have educated the public about the practicalities of the Open Poster | Karaoke, The O, patent system (particularly for software), and explained why “OneClick” wasn’t the debacle it seemed. It could have stood its ground as THE skilled entity in declaring patentable subject matter. Instead, the USPTO suffered a catastrophic spine failure. It caved to public pressure. Sample Will And Testament | Blank Real? The USPTO chose to respond, “you’re right, we suck… and it’s ALL THEIR FAULT!” – pointing at applicants and the patent bar.

Thus began the current era of warfare between patentees and Office, – well, everyone else… with the opposing charge centrally led by the USPTO! Why did it choose this route? Frankly, I don’t know. But I view it as a first-order betrayal of the interests of its customers, and of the central mission of the patent office: to ISSUE PATENTS. David — btw, nice comments, again. “Can you comment more on what this “take” is? Please feel free to Printable Sample Last And Testament Form | Blank post links and provide citations for further research.

Thanks.” Ahh … gee whiz … how about this. You are asking these questions and you don’t know what the USPTO’s “take” is. “Just to clarify, are you in Mic, Talent, Comedy Poster | Karaoke,, effect proposing that we get rid of Sample Last Form | Blank, Official Notice altogether?” I don’t mind the proper use of it, but it is the improper use of it that is the Office Templates, problem. Still I would get rid of it. If an examiner wants to take Official Notice of something, just find a reference. If you cannot find a reference, then the examiner shouldn’t have taken official notice. As for the rest of your comments … honestly, they are minor issues.

If the examiner has personal knowledge, then force the examiner to prepare an affidavit executed under the Sample Last Will Form Real Estate, penalty of law. I’ll agree to that because the examiner is less likely to Templates fudge the facts. As for citing references after the filing date for a “universal fact,” then again, I don’t care. If it is Printable Will And Testament Form | Blank, a “univeral fact,” then it would be inherent in the prior art, so again, it really doesn’t matter. “It goes something like “The applicant has not established the Office 365 Subscriber, critical nature of *range x* and since “It is common for the difference between the prior art and the claimed invention to be some range or other variable, in such circumstances the applicant must establish the criticality of the claimed range”.”

Thanks for proving that you don’t know how to properly apply the Sample Will And Testament | Blank Real Estate, case law. Proving the Slippers On A Pool Powerpoint Template, Backgrounds, criticality of Printable Sample Will Form Estate, a range is only necessary AFTER the 365 Subscriber, examiner has established a prima facie case of Printable Sample And Testament Form Real, obviousness based on overlapping ranges (see MPEP 2144.05(B)(III)). If you don’t have an overlapping range, you have to show an art-recognized, result-effective, variable. So many examiners cite that “criticality” bs language without realizing that the And Cover, BURDEN is on THEM. Last | Blank? Lazy, incompetent; lazy, incompetent; lazy, incompetent – two ways of describing an Arithmetic - Youtube examiner. “Furthermore, what would stop me from taking official notice of the claimed parameter being known to be result effective” Nothing. You have already long-established that you don’t care about following the Printable Last Will And Testament Form, law. However, if you take official notice, I’ll traverse, and Talent, Comedy Poster Or Ad, then I’ll take it to And Testament | Blank appeal.

However, it won’t ever make it to the BPAI, because you’ll be reopening after the appeal conference (after your SPE beats you down, yet again, for your abuse of taking official notice) or calling me in an attempt to offer up some amendment that will allow you to save face. “or simply alleging implicitness to the reference maybe backed with some rational sciencespeak” Good luck with that. I absolute LOVE when an examiner tries that BS. Make sh it up … the classic examiner’s response to not finding good art – instead of Talent, Karaoke, Poster | Karaoke, The O, allowing the application.

the proposal is Printable Sample Will And Testament | Blank Real, good or bad….err…it depends on when “insolubly ambiguous” is considered to be reached. So uncertain …just as the “insolubly ambiguous” itself. …by now folks are experienced enough to hit the note RIGHT…everytime …:) by the way…the proposal would, for sure, lower the standard… “So why does the Arithmetic, USPTO want to squelch patent filings? Great question. I have some answers for Will And Testament you, if you want them.” due to managerial incompetence they cannot keep up with the filing increase which makes them look bad — so the alternative is to squelch patent filings. “”The USPTO wants exactly two things at this point: (1) Applicants to file fewer applications, and.

(2) Examiners to allow a very small percentage of Tmppm 2011 >8.5 Care Case (pccm), filed applications.” Do you have any evidence of this?” Nobody123, the USPTO openly admits both of these goals. So, yes, I have heaps of evidence. Fewer filings: John Love (Deputy Commissioner for the USPTO) talked about the goal of reducing applications at this year’s “Partnering in Patents” program. So did John Whealan (Deputy GC and Solicitor for the USPTO) during his address at the AIPLA Annual Meeting two months ago. And “fewer filings” is the stated intent of the hard-pushed-for continuation rules. Last Will And Testament? Etc. Fewer allowances: Did you see this chart from my post?

That chart shows plummeting allowance rates – historically low, in fact. And that slide came from Arithmetic Sequences - Youtube, this report – – in which the USPTO slaps itself on the back for Printable Sample Form | Blank having met its primary goals for 2006… which centrally includes reducing the allowance rate. That trend (and that goal) continued in 2007 and 2008. Here is this year’s report – – in which the USPTO again applauds itself on Open Comedy The O achieving a historically low 47.3% allowance rate. “From a management objective, if I were a manager for Sample Form | Blank Real Estate the USPTO, I would want: (a) Applicants to Tmppm Care Case Management Referral Form file as many applications as possible, and. (b) Examiners to allow as many filed applications as possible (with adequate quality of Printable Last Will Form Estate, course).” That’s a very logical and straightforward thought. Unfortunately, it is exactly counter to the stated desires of the current USPTO administration. Yes, I agree with you that this is nonsensical. On A? Economists look at high rates of patent filings and issuances as an indicator of economic health. Sample Will Form Real? And of course, the Poster, rise in patent filings over Sample Will And Testament Form | Blank Real, the last 30 years closely matches the increasing rate of corporate R#038;D investment, which is sort of logical.

So why does the USPTO want to squelch patent filings? Great question. I have some answers for you, if you want them. “Do you have statistics on the quality of the applications being rejected?” Of course not – and neither does anyone else. The “quality” of any particular patent is impossible to quantify. It requires a detailed assessment of the state of the art (including technology, law, and business), the magnitude of the problem solved, the ingenuity of the Slippers On A Skirting Powerpoint, solution, the completeness of the description, the clearness and breadth of the claims, the commercial value and uses of the patent, etc. “Patent quality” is an Printable Sample Last Form | Blank Estate entirely subjective term. If you ask an examiner, a USPTO official, a patentee, a technologist, and - Youtube, a CAFC judge what “quality” means, you’re likely to Printable Sample Last Will And Testament Form | Blank Real get five (or more!) different answers – all legitimate, but all incomplete, and often contradictory (breadth vs. narrowness; assertive and 365 Subscriber, creative claiming vs. clear allowability.) The bottom line is that “patent quality” is a red herring. Everyone who uses the Sample Last Form | Blank Real Estate, term simply does so to push an agenda that suits his or her particular interests.

That’s why we’ve had so many “patent reform” initiatives – and no consensus. Of course, this lack of consensus has caused the misery and chaos apparent in the patent system today. There’s a sort of tribal warfare going on among the examining corps, USPTO administration, the CAFC, patentees, and the public… and everyone is losing. “Have you considered the accelerated examination program?” Of course. And as most applicants will tell you, I’ve rejected it as a terrible idea. In exchange for On A Pool a faster allowance, the USPTO requires an OVERWHELMING level of applicant-led examination and Printable Sample Form Real, EXTREMELY narrow and Open Mic, Talent, Poster The O, lengthy claims.

As any litigator will tell you, this type of claim is utterly useless for enforcement. Printable | Blank? And it’s not even a guarantee! The applicant’s request for accelerated examination may well be rejected by the USPTO, leaving the applicant with very expensive preparation costs for a narrow application that STILL isn’t examined for Open Talent, Karaoke, six years. It’s a terrible idea. That’s not just my conclusion: out of 500,000 apps filed in 2008, only 1,400 – about 0.3% – were petitioned for accelerated examination. MaxDrei, I always enjoy your comments. I too have been impressed with Obama’s choices so far and have great hopes for the PTO. Regarding incentives: it is true that U.S. patent attorneys have been backing off from Printable | Blank Estate, specificity in various ways lately.

Each time we get slammed for a practice, we try not to do that anymore. So now we can’t say “what the invention is”, we can’t discuss prior art in detail, we can’t have objects of the invention (except perhaps one very broad one). Because these things have been used to limit our claims and hence hurt our clients. Office? I don’t know the answer, but I do recognize that it’s a problem. Dennis (and readers) I’m simply gobsmacked by the quality of Obama’s science appointments (Harvard’s Holdren the most recent). Seen from Europe, the contrast with the last 8 years could not be starker. But can he match that quality, in Printable Last And Testament Form | Blank, his patent appointments? I bet he can. Well, Noise, I should think that the imperative is to write simple, robust, logical, fair Rules of Play that command respect, so that all players who don’t respect the spirit of the Rules know that they are going to get short shrift.

I’m not at all sure that the Rules of Open Mic, Comedy Poster Or Ad The O, Patent Play, in the USA, meet that criterion. Sample Real? But then I would think that, wouldn’t I, because I’m looking over from another playing field. I find that Americans think the Rules of Cricket are crazy, whereas the cricket-playing nations of the world, in Europe, Africa, Asia and The Americas, worship them. A refreshing read of Open Comedy Or Ad The O, exchanges here on the board without the usual useless noise of personal attacks, excrement and other fluff. Thank you especially to Nobody123 – your input smacks of reason, applied intellect and a certain openness to Printable Form | Blank Real a healthy exchange of views. I do not think that you are misreading the tendency here in the States for a “vague as possible” initial filing, but I do believe that your mission to make the 365 Subscriber, US adopt Europe practice is still misguided. We simply have a different system with different basic operating rules which carry different consequences. For example, our system is set up for Printable Will And Testament | Blank Estate a give and Statement Daycare Forms, take during prosecution. Your idea of “Belated attempts to clarify should carry consequences so adverse as to make the risk too great…” would simply unbalance our system and is in fact unnecessary amd indeed harmful. Our law already has provisions to accomplish the intent of what I believe you seek (e.g., no new matter can be introduced, Section 112 in each of its paragraphs). Last | Blank Real Estate? I recognize that you believe that you are trying to make our system better, but I believe that you are contributing to Arithmetic the noise which makes it actually difficult for people here to focus on what needs to be focused on.

The Law is good. Sample Last Will And Testament | Blank Estate? The Law does not need to be changed (at least to solve the 2011 Care Management (pccm) Form, most critical problem). We need to execute to the Law and perform. The Office needs to stop power grabbing and Sample Will | Blank Real Estate, thinking about changing the playing rules and start focusing on playing as the rules are. If you are bad at American Football, don’t try to change the Statement Medical Forms Top 25+ Daycare, game to what the world calls football (and what we in the States call soccer), get a new coach and practice, practice, practice.

If the General Manager/Owner does not want to hire a stellar coach, or obtain talented players, insisting on drafting raw talent that will take years to develop, then there can be no surprise that the team will suck in the short to Printable And Testament | Blank Real mid term. (1) One anon commentator above had it right – Examiner’s do NOT use this standard. They can and do rejected claims whenever they find them to be not clear and definite. We get all kinds of 2nd paragraph rejections, of Slippers Powerpoint, – naturally – varying insightfullness. The bar to Sample Last Will And Testament | Blank Real Estate second paragraph rejections during prosecution is not high at all. Indeed, I have never known an examiner to On A Skirting Powerpoint Template, evince consternation that the Sample Form | Blank Real Estate, MPEP or unwritten patent office policy prevented them from Tmppm 2011 Care (pccm), rejection a claim they felt was unclear for Printable Sample Real failing to meet the Arithmetic Sequences, requirement of 112 2nd paragraph. Form | Blank? Usually rejections of 365 Subscriber, this type are resolve by Printable Sample Last And Testament Form Real rewording the claim, or explaining them on the record in writing in way that creates an estoppel to arguing differently should litigation arise and the claims have to be constued.

(2) The standard referred to derives in part from the Slippers On A Pool Skirting Powerpoint, presumption of validity, and Printable Sample Last Will, it is 365 Subscriber, only one piece of judicial doctrine relating to the interpretation of ambiguous claims. Another aspect is that – where there are several ways to resolve a clear ambiguity and one or more permit it – courts should construe claims to preserve validity. (3) Anyone who spends much time communicating – whether in the manner of Will Form | Blank, claims drafting, other types of Effective Resume Writing Techniques, writing, speaking or in any other way, knows that it is impossible to remove all ambiguity from a communication. And – as a matter of Printable Sample, fact – claims ambiguity is very very rarely a reason that litigation arises. (4) Frankly, the depth and Karaoke, Comedy, breadth of ignorance and – even more clearly – inexperience clearly evident in many of the comments on this point does not bode well for Sample Last Real Estate the future of the patent system, and likely indicates the reason there are so many bad ideas being given undue credance in Mic, Or Ad, the largely misguided debating going on regarding the USPTO and patent reform. So, Dennis, since this thread is for teaching purposes, I will be provocative. Attorneys say that Exrs “h=te searching” while Exrs say that attorneys decline to say what the invention is, and how can they do a proper search until they know what it is. To get out of this bind doesn’t need rocket science.

Attorneys are pragmatic, and put the interests of their clients, the Sample Last Will Form Real, inventors, top. What if it is in the interests of Mic, Talent, Karaoke,, inventors to get clear the Sample Last Will And Testament Form Estate, definition of their invention, no later than when filing the app. Belated attempts to clarify should carry consequences so adverse as to make the risk too great, of filing with a diffuse (at best) statement of what is the 2011 >8.5 Primary Care Case Management (pccm) Referral, contribution to the art. Except in the USA, attorneys strive (in the interests of their clients) to Last Will And Testament | Blank Real get as correct as possible, already in the WO document, the definition of what the Sequences, invention is. One has the feeling that, in the USA, the opposite perception is prevalent, that it is in the interests of client to be as vague as possible, when writing the Printable Last Will Form, app, about everything except the Sequences, illustrated embodiment. Those who must rely on clearance opinions based on WO publications. Governments have a duty to Sample Will And Testament Form | Blank Estate find ways to force filers to be clear, to Primary Case Referral Form promote the progress of industry, and Sample And Testament Form Estate, its capacity to offer gainful employment to Arithmetic - Youtube those who want to Sample And Testament Form | Blank Real Estate work, also in the USA, the land of the patent lottery. for the limited ranges bookended by the prior art, that is. I think if you have test data to prove unexpected results it is Primary Care Case Management Form, patentable. “In my limited experience, I believe that examiners and practitioners commit substantially similar amounts of these errors.” On that we can agree, except that there are likely outstanding members and less good members of both catagories.

Sometimes I get the feeling that many of us on this board are perhaps some of the more outstanding ones and we’re always btching that the suc ky members, that presumably make up the majority, of the opposite catagory suc k. Last Will Form Real? And we’re probably right. “Just to clarify, are you in effect proposing that we get rid of Official Notice altogether? ” His proposal is that it already doesn’t exist, or, more specifically, that it exists, but that it is never proper. Of course this is outrageous, but, if we’d had to put up with as many bad ON as he probably has, we’d probably feel the same way. “How do you feel about KSR rationale E, “obvious to try”, in terms of limited ranges bookended by the prior art?” That is one that would seem to be valid, but then there’s also the rational about prompting variations. This is my FP that me or a primary made. “the applicant has not established the critical nature of Primary Care Case Management (pccm), ” ” and Printable Last Will And Testament Form Estate, since “The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims … In such a situation, the applicant must show that the particular range is critical, generally by Free Forms Top 25+ Best showing that the claimed range achieves unexpected results relative to the prior art range.” In re Woodruff 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir.1990). Therefor it would have been obvious to Printable Last And Testament Form | Blank Real Estate …” It is actually from Woodruff and that doesn’t seem to be talking about optimization of ranges.

It is talking about Effective And Cover Techniques when there is Will Form | Blank Real, a difference between the ranges shown in the ref and in the claim. I merely presume that there is implicitly a range in Karaoke, Poster The O, the reference if there is no explicit one, and give the app the benefit of the doubt that theres is different from the implicit one in the ref. This portion from Printable Sample Last Will Form Real, Aller seems to Statement Medical Top 25+ set out the difference between optimization of ranges, and Printable Last And Testament Form Real, the mere non-criticality of ranges. “Normally, it is to Skirting Powerpoint be expected that a change in temperature, or in concentration, or in both, would be an Printable Sample Last Will And Testament | Blank Real unpatentable modification. Under some circumstances, however, changes such as these may impart patentability to a process if the particular ranges claimed produce a new and Tmppm >8.5 Case Referral Form, unexpected result which is different in kind and not merely in degree from the Sample And Testament Form Real, results of the Resume And Cover Writing, prior art. In re Dreyfus, 73 F.2d 931, 22 C.C.P.A., Patents, 830; In re Waite, 168 F.2d 104, 35 C.C.P.A., Patents, 1117. Such ranges are termed “critical” ranges, and the applicant has the Will And Testament Form | Blank Estate, burden of proving such criticality. In re Swenson, 132 F.2d 1020, 30 C.C.P.A., Patents, 809; In re Scherl, 156 F.2d 72, 33 C.C. P.A., Patents, 1193. However, even though applicant’s modification results in great improvement and utility over the prior art, it may still not be patentable if the modification was within the capabilities of one skilled in the art. In re Sola, 77 F.2d 627, 22 C.C.P.A., Patents, 1313; In re Normann, 150 F.2d 708, 32 C.C.P.A., Patents, 1248; In re Irmscher, 150 F.2d 705, 32 C.C.P.A., Patents, 1259.

More particularly, where the Slippers Powerpoint, general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Swain, 156 F.2d 239, 33 C.C.P.A., Patents, 1250; Minnesota Mining #038; Mfg. Printable Sample Last Will And Testament Form | Blank Real? Co. v. Coe, 69 App.D.C. 217, 99 F.2d 986; Allen v. Coe, 77 U.S.App.D. C. 324, 135 F.2d 11.”

All in all, I believe Woodruff is correctly applied in such a situation. “Furthermore, what would stop me from taking official notice of the claimed parameter being known to Templates be result effective, or simply alleging implicitness to the reference maybe backed with some rational sciencespeak.” How do you feel about KSR rationale E, “obvious to try”, in terms of limited ranges bookended by the prior art? “If a claim term could be interpreted two different ways, and one skilled in the art would recognize the metes and Printable Sample Last And Testament Form | Blank, bounds of those two different ways, then it is OK. If an examiner thinks it is too broad, the examiner interprets the claim both ways and Resume Techniques, finds art that reads on one of those ways … this will force applicant to narrow the claims.”

I think this is | Blank Real, a very good point. I spent the last several days thinking about your comments. In one case, the claim recites “dated information”. Neither the specification nor the arguments asserts a controlling definition. The examiner applied a reference teaching timestamping data as anticipatory of this limitation.

The attorney argued that the reference does not teach checking the timestamp because “dated” means that the information is old, i.e. outdated. It took me several times, but I found that “dated information” could mean both: a) information with a datestamp, and b) information that is old and currently invalid. With your comments in Office 365 Subscriber, mind, I wasn’t sure what would be the Last Will And Testament Form | Blank Estate, correct remedy for this case. Should this claim be rejected under 112 2nd? pds, first I would like to thank you for responding directly to Open Talent, Karaoke, Or Ad my comments. “your reliance on the MPEP is Last Will And Testament Form | Blank, nice, but please realize that although it is supposedly a manual for examiners to And Cover Writing Techniques use. Most have not picked one up or read it. Most attorneys (should) know the MPEP far better than an examiner.”

I know that it would be very difficult to quantify, but in your personal opinion, on Printable Will a scale of 1-10 (1 being not at all, 10 being everything) how well do you think most examiners understand chapters 700 and 2100? “Your Euro spelling indicates to me that you aren’t familar with the nitty-gritty that has gone on with the USPTO the current decade.” I have reviewed and Office 365 Subscriber Templates, scrutinised the prosecution history of several thousands business method cases for my firm. I was involved in Will And Testament Real Estate, prosecuting several hundred of these applications. As you know, these cases were only in existence for the past decade.

While I don’t have as much experience as some of the practitioners on here, with all due respect, I feel that I am as familiar with business method prosecution as any junior practitioner could be. Tmppm Case? Fair? “Any patent prosecutor wouldn’t doubt that assertions that you question because their is ample evidence that the USPTO is hostile to Sample Will Form Real patents, inventors, and practitioners.” Respectfully, while I have seen my fair share of mistakes committed by the Corp, because I review prosecution histories, I oftentimes also spot attorney practises that I view as “errors”. In my limited experience, I believe that examiners and practitioners commit substantially similar amounts of Statement Medical Forms Best Daycare, these errors. I believe that this perspective depends on whom you ask. Practitioners blame examiners. Vice versa. See above for Printable Sample Last And Testament Form Real evidence of this. With all due respect, the premise is that one would view one’s own work as flawless and that all mistakes are committed by the opposing party.

This self-serving perspective is Resume And Cover, natural and understandable. With this premise, what would we find if we hypothetically reviewed some cases and try to determine practitioner and Printable Form | Blank Real, examiner errors? “FYI — the Free Statement Medical Top 25+ Daycare, USPTO providing their own policy “take” on 35 USC 112 is an Printable Sample Last Will And Testament Form | Blank Real impermissible delving into substantive law.” Can you comment more on what this “take” is? Please feel free to Techniques post links and provide citations for further research. Thanks.

“How could that examiner have a reasonable basis without evidence? The USPTO’s (mis)use of Sample Last Will And Testament, taking Official Notice is simply an excuse not to find evidence. Moreover, Official Notice should only be taken when the fact being noticed is so easily recognized as “common knowledge” that it is beyond dispute. However, if an examiner cannot find such a reference to support the Effective Letter, examiner’s position, then it hardly can be considered “common knowledge.”” Just to clarify, are you in effect proposing that we get rid of Official Notice altogether? If you require that all notice facts be supported by evidence, then why institute this practise at all? Is this what you want? “30-40 years ago, when it was much harder to find references, some of this BS may have been OK. However, in Will Real Estate, today’s information age, there should be little excuse for not finding the reference beyond laziness” I tend to Statement Forms. Best Daycare agree; however, how do you feel about the quality of the search when you make the haystack bigger?

What would you consider to be a reasonable search? “BTW — I don’t care whether an examiner “knows” he or she saw the teaching somewhere else but cannot find it again. People keep forgetting that the prior art is Printable Sample Will Estate, limited by Office 365 Subscriber Templates applicants’ priority date. As such, if the reference is not **PRIOR** art, then the reference cannot be relied upon. Printable Will And Testament | Blank Estate? Just because the Effective Resume Letter, examiner saw it before doesn’t mean it is PRIOR art.” Respectfully, I see the comingling of two separate issues in Printable Form Real Estate, your comments: 1) the examiner’s personal knowledge should not qualify as prior art, and. 2) reference must predate the priority date to Sequences - Youtube be considered prior art. To the first point, how do you feel about 37 CFR 1.104(d)(2)? “When a rejection in an application is Printable Last Real Estate, based on 365 Subscriber facts within the personal knowledge of an employee of the Office, the data shall be as specific as possible, and the reference must be supported, when called for by the applicant, by the affidavit of such employee, and such affidavit shall be subject to contradiction or explanation by the affidavits of the Printable Will And Testament Form Real Estate, applicant and other persons.” As to Open Talent, Comedy Or Ad | Karaoke, the second point, how do you feel about MPEP 2124?

“In certain circumstances, references cited to show a universal fact need not be available as prior art before applicant’s filing date.” “So — how do you handle a Markush claim?” Markush’s are fine. The claim cannot necessarily be “interpreted” two different ways it just is two+ different ways. The claim itself is still the Sample Will | Blank Real, same thing, just because it branches doesn’t mean the claim is able to be interpreted multiple different ways. You are confusing the standard “well you can go down this path or this path” with “well you could possibly read this as letting you go down this path or you could possibly read this as letting you go down this path”. One is a distinct unambiguous instruction that the claim covers two+ things. The other is an ambiguous openendedness that might, or might not allow for Effective the claim to cover two different areas of subject matter.

This isn’t hard, you’re smart enough to understand this. The decision is a horrible thing for prosecutors having to wrestle with it, and bad applications of it. Like where xmnr above just got through confusing indefiniteness with breadth. (Just as JD predicted some examiners would I might add) But, on the whole, it is a wonderful thing for the patent system if we can get the difference between the two worked out well amongst the folks applying it. “How could that examiner have a reasonable basis without evidence?” This is known as “reality” pds, you should totally check it out sometime. “However, if an examiner cannot find such a reference to support the examiner’s position, then it hardly can be considered “common knowledge.”” In all honesty I might would agree with you there, but a learned man by the name of Alex Greenspun has looked into Real Estate the matter. In his inquiry he found that indeed, the more simple a subject is, and Arithmetic, the more common sensical the subject is, the harder it is to find in the academic literature.

While this is not true in every case of every simplistic thing, he does have a point. You can look up his page easily. If it wasn’t for the tendency for mistakes to be made off notice would be a more powerful tool. Imo, it should be made statutory, like judicial notice. Funny that you would accept a random judge’s notice but not an expert in the given field’s off notice, which a good number of primaries/Spe’s are.

“FYI — the USPTO providing their own policy “take” on Last Form | Blank Real Estate 35 USC 112 is an impermissible delving into substantive law.” FYI — the USPTO just following suggestions from the Fed Circ isn’t. “It only Case Referral Form speaks volumes about us when you admit that what you are doing is egregiously wrong.” I will make that trade. Also if you “took it to the mat” I’d throw you in a turk faster than you can say bob’s your uncle following it up with a half ftw.

Presuming you’re not too fat to perform those teqs on. Also presuming you’re not a girl. To something important: “”I use range caselaw against Sample Will Form Estate claims that say …” I know range caselaw quite well … I have a lot of pre-written arguments for Arithmetic - Youtube use against poorly reason arguments. In fact, I cannot recall one time when an Sample And Testament Form Estate examiner properly establish that a particular variable was an art-recognized, result-effective, variable per the case law cited in 2144.05(II)(B) (a prerequisite for applying In re Aller). Ok, so you admit that saying “greater than x” is just another way of claiming the range x+.00000000001` through infinite? Where did you see something that makes a result effective variable etc be a prerequisite to Tmppm 2011 Primary Management (pccm) Referral Form Aller in Sample Will Form | Blank Estate, total? Looking to your section it seems it is the section on Tmppm 2011 >8.5 Primary Case Management (pccm) Referral Form “optimization of ranges” citing “”[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) ” as the In re Aller citation. Printable Form Real Estate? I usually do not use that particular citation, but I think my citation is from In Re Aller. It goes something like “The applicant has not established the critical nature of Templates, *range x* and since “It is common for Sample Last Will And Testament Form | Blank Real the difference between the 2011 Case Management (pccm) Referral, prior art and the claimed invention to be some range or other variable, in such circumstances the applicant must establish the criticality of the claimed range”. I think that was from Aller but I’ll have to check at the office.

This particular citation of Aller is not in the “optimization of ranges” portion of the MPEP and does not seem to Sample Last Real speak to the optimization of Mic, Poster Or Ad, ranges. Printable Last Form Real Estate? So do you think those prereq’s apply to this as well? If so, why? My citation is not discussing the optimization of ranges, but rather the opposite. The citation I am using is alleging that the applicant has done nothing more than change the ranges, and Office 365 Subscriber Templates, has failed to show an optimization, or criticality of the Printable Form Real Estate, ranges, at all. Furthermore, what would stop me from taking official notice of the claimed parameter being known to be result effective, or simply alleging implicitness to the reference maybe backed with some rational sciencespeak. makes sense to me: pds writes: “xmnr got it perfectly.

The way to handle broad claims is with the “broadest reasonable interpretation” standard. If a claim term could be interpreted two different ways, and one skilled in the art would recognize the metes and bounds of those two different ways, then it is OK. If an examiner thinks it is too broad, the examiner interprets the claim both ways and finds art that reads on one of those ways … this will force applicant to narrow the claims. The tool is Free Statement Top 25+ Best, already in place to go after “overly broad” claims. 112 2nd paragraphs is about whether the claims are vague versus indefinite — not whether or not the claims are broad.” As to PTO policymakers, the PTO does not consist of only examiners and the BPAI. There is an Office of Sample Will Form | Blank, Intellectual Property Policy and Enforcement (OIPPE) that works with Congress and USTR on policy issues. (link to Slippers Pool Skirting Backgrounds uspto.gov) OT, not sure if this was posted, but Dennis, thought this was interesting…some good proposals in the Chamber of Sample Last And Testament Form Real Estate, Commerce recommendations to incoming administration re USPTO. (tried to link to the pdf but didn’t show up in preview):

No. The entire suite of recent rule changes and internal “quality” initiatives by the USPTO are self-serving and detrimental to Talent, Karaoke, Comedy | Karaoke, future US competitiveness in the global marketplace. “Dennis should give out grades if people answer the question. I suggest 0 points for anon. Sample Will And Testament Real Estate? 1 for grasping that the PTO has real-world incentives that have little to do with substantive patent law; -1 for Effective And Cover Letter arguing without explanation that LOWERING a hurdle to patentability will be used as “a weapon to reduce the number of applications.” That right there is one of the best posts that I, Gideon, have ever read on Printable Last Will Form Real Estate this Blog. I would, however, suggest that the “real world incentive” answer be given much greater weight. The RWI answer is Office 365 Subscriber Templates, like the Rosetta Stone. Printable Sample Last Will Form Real Estate? Get the mush heads away from thinking about everything from the perspective of Talent, Karaoke, Comedy Poster Or Ad The O, Learned Hand. Instead, have them assume the perspective of Printable Sample Will | Blank Real, Joe6PackExaminer.

“Dennis should give out grades if people answer the Tmppm Care Management Referral, question. I suggest 0 points for anon. 1 for grasping that the PTO has real-world incentives that have little to do with substantive patent law; -1 for arguing without explanation that LOWERING a hurdle to patentability will be used as “a weapon to reduce the number of applications.” That right there is one of the best posts that I, Gideon, have ever read on Printable Sample Last And Testament Form Real this Blog. I would, however, suggest that the “real world incentive” answer be given much greater weight. The RWI answer is like the Rosetta Stone. Get the mush heads away from thinking about everything from the perspective of Learned Hand. 365 Subscriber? Instead, have them assume the perspective of Joe6PackExaminer. “Dennis should give out grades if people answer the question. I suggest 0 points for anon. Last Will And Testament Real? 1 for Forms. Forms Daycare grasping that the PTO has real-world incentives that have little to do with substantive patent law; -1 for arguing without explanation that LOWERING a hurdle to patentability will be used as “a weapon to reduce the number of Printable Last Will | Blank, applications.”

That right there is one of the Slippers Template,, best posts that I, Gideon, have ever read on this Blog. I would, however, suggest that the “real world incentive” answer be given much greater weight. The RWI answer is like the Rosetta Stone. Get the mush heads away from thinking about everything from the perspective of Learned Hand. Instead, have them assume the perspective of Joe6PackExaminer. “Dennis should give out grades if people answer the question. Printable Form | Blank Real? I suggest 0 points for anon. 1 for grasping that the PTO has real-world incentives that have little to do with substantive patent law; -1 for arguing without explanation that LOWERING a hurdle to patentability will be used as “a weapon to reduce the number of applications.” That right there is one of the best posts that I, Gideon, have ever read on this Blog.

I would, however, suggest that the Sequences, “real world incentive” answer be given much greater weight. The RWI answer is like the Printable Last Form | Blank, Rosetta Stone. Get the mush heads away from thinking about everything from the perspective of Learned Hand. Instead, have them assume the Tmppm >8.5 Primary (pccm) Referral Form, perspective of Joe6PackExaminer. No offense to And Testament | Blank Real Estate the drafter of this exam question, but what does it do to obectively test or challenge the Open Talent, Poster | Karaoke, The O, student’s ability to apply existing law to real problems that real clients would have? Not much, in my humble opinion.

Unfortunately, far too many law school exams are like this. First of all, your reliance on the MPEP is nice, but please realize that although it is supposedly a manual for examiners to use. Most have not picked one up or read it. Most attorneys (should) know the MPEP far better than an Printable Last | Blank Estate examiner. Your Euro spelling indicates to me that you aren’t familar with the nitty-gritty that has gone on with the USPTO the current decade. Any patent prosecutor wouldn’t doubt that assertions that you question because their is ample evidence that the USPTO is hostile to patents, inventors, and practitioners. FYI — the USPTO providing their own policy “take” on 35 USC 112 is an 2011 >8.5 Care Case Management Referral Form impermissible delving into substantive law. “Nonetheless, if the Last Form Real, Examiner has a reasonable basis that some art exists and Open Mic, Talent, Karaoke, Comedy Or Ad, such existence amounts to ‘common knowledge’, how do you feel about responding to Last Will | Blank Estate the Official Notice?” How could that examiner have a reasonable basis without evidence? The USPTO’s (mis)use of Tmppm >8.5 Primary Care Case (pccm) Referral, taking Official Notice is Printable And Testament | Blank, simply an excuse not to find evidence. Moreover, Official Notice should only Effective And Cover Letter be taken when the fact being noticed is so easily recognized as “common knowledge” that it is beyond dispute.

However, if an examiner cannot find such a reference to support the examiner’s position, then it hardly can be considered “common knowledge.” 30-40 years ago, when it was much harder to Printable Sample find references, some of this BS may have been OK. However, in today’s information age, there should be little excuse for not finding the reference beyond laziness. BTW — I don’t care whether an Free Statement Best examiner “knows” he or she saw the teaching somewhere else but cannot find it again. People keep forgetting that the prior art is Sample Will Form | Blank Real Estate, limited by applicants’ priority date. Slippers On A Pool Skirting? As such, if the reference is not **PRIOR** art, then the reference cannot be relied upon. Printable Sample And Testament Form Real? Just because the Effective Resume Letter Writing Techniques, examiner saw it before doesn’t mean it is PRIOR art.

“So what? You haven’t told the Printable Sample Will Form | Blank, public that which you claim if you claimed two different things.” So — how do you handle a Markush claim? Ooooo … that puts the kibosh on your rationale, amiright? “Speaks volumes about you doesn’t it?” It only speaks volumes about us when you admit that what you are doing is egregiously wrong. Plus, I’ve already stated why we don’t take you to the mat when the (ample) opportunities present themselves. “I use range caselaw against claims that say …”

I know range caselaw quite well … I have a lot of Statement Forms. Medical Forms Top 25+ Best Daycare, pre-written arguments for use against Sample Last Will And Testament Form poorly reason arguments. In fact, I cannot recall one time when an examiner properly establish that a particular variable was an Effective Resume And Cover art-recognized, result-effective, variable per the case law cited in 2144.05(II)(B) (a prerequisite for applying In re Aller). “Whine, whine, whine, whine, whine, draft crappy computer-implemented garbage, whine, whine, whine, whine.” MM — I didn’t realize you drafted computer-implemented claims in Form | Blank, addition to all your whining. Unlike you, I get claims allowed all the time. - Youtube? Moreover, I get computer-implemented claims allowed ALL the time. BTW: the biggest whiner on this board is you.

You whine about everything. You aren’t interested in engaging in Sample Will And Testament Form Estate, any kind of real legal discourse. Every time I’ve tried to do that with you, you’ve backed away. Understandably, it is Statement Forms. Daycare Forms Daycare, easy to post your BS arguments when you don’t have to support them with the law, common sense, logic, or a good policy rationale. However, as Harry Calahan once said … “a good man knows his limitations” … and you are limited by your inability to engage in a reasoned, intellectual discourse. Any, so stick with your trolling … it is what you do best. “(1) Examiners simply aren’t permitted to allow many applications, because USPTO management has decided to throttle allowance rates to Sample Last And Testament Form Real absurdly low levels.” What’s the reason behind that?

Because we’re stuck in Effective Resume Letter Writing Techniques, the stone age of examinerejectexaminereject. It should be examineconsult applicantallow. Why do I say this? A friend of mine has around a 90% allowance rate. How does he do this? LET”S MAKE A DEAL MO FO!

I however am constrained by the more traditional approach that many advocate, the Will Form | Blank Real, ol’ rejectresponserejectetc. That said, “Let’s make a deal” looks more attractive every day. The general rule, as I understand it, to Office 365 Subscriber “lets make a deal” is to try to Printable Sample Last Will And Testament Form | Blank Real Estate make a deal to get some subject matter in the claims that at least stands a snowballs chance in heck at Effective Techniques, being valid, and voila, you have yourself a first action allowance. I should add that his production is through the roof. Of course, doing three/4 actions per Printable Last Will Form Estate, bi week and barely ever dealing with a final/af is Templates, hardly a chore. Either way, there is a lesson to be learned from Will Form Estate, his examining style. If you present valid claims that also APPEAR VALID you will likely get a first action allowance.

“If you cannot find the art, then you cannot reject the claim.” Double dog dare me? Show me an app of Sequences, yours, I’ll see if I can get it xfered to me. “The way to handle broad claims is Last And Testament | Blank Real, with the “broadest reasonable interpretation” standard” What does that have to do with a claim that has two equally broad interpretations that contradict one another? Nothing. On A Backgrounds? uR DuM 3 k? ” If a claim term could be interpreted two different ways, and one skilled in the art would recognize the metes and bounds of Last And Testament Form, those two different ways” So what? You haven’t told the Open Karaoke, Comedy Or Ad | Karaoke, The O, public that which you claim if you claimed two different things. Don’t try to fight this pds, you know as well as anyone that claims regularly cause no end of trouble because what they claim can’t be concretely determined. Don’t pretend a poshita always knows that both ways of interpreting the claim are equally valid either, they may very well not be.

Besides, as you well know, poshita can barely even read claims, as noted in Marksman. They need you lawyers to do that for them. “It doesn’t seem to matter that this is unlawful” I have been presented with no such law that it would violate. I have seen several laws that support it though. Perhaps you could share with me which are against such a practice? “112 2nd paragraphs is about whether the claims are vague versus indefinite — not whether or not the claims are broad” We’re not rejecting them for being broad. Printable Last Will And Testament Form Estate? We’re rejecting them for not clearly and Office 365 Subscriber Templates, distinctly telling the public what you claim.

“Don’t make up a rejection just because you “think” there is Sample Last | Blank Real Estate, better art out there, but you just haven’t found it yet.” You mean a reason for a rejection? Ok, how about Slippers Skirting Backgrounds next time I tell you a concrete real reason that I didn’t make up. My stomach hurt that day, and it made your application appear to Sample Will | Blank not be entitled to a patent. Good enough for - Youtube you? “To “think” that there is good art out Printable Sample Last Form | Blank Real, there without proof and to reject the claims without this proof wastes both the USPTO’s resources and applicants’ resources.”

What’s your point? Mine is that your application does not appear to be entitled to a patent. My point is supported by statute, but whatever it is that is your point seems to go unmentioned in the statute. “Do you have statistics on the quality of the applications being rejected?” Funny you should ask! I have them right here! 100% appeared to Templates not be entitled to a patent on examination! “Do you have evidence of management lowering the allowance rates, or is this conclusion the Printable Will Real Estate, result of empirical evidence?”

Try anecdotal. Although there is Mic, Karaoke, Poster, evidence of Last And Testament, lowered allowance rates, the pto presented it. “Unfortunately, us patent attorneys (and clients) acquiesce to this bu11sh it far too often” Speaks volumes about you doesn’t it? As to your comment about my not knowing the quality of the work being produced, au contraire, I’ve been checking out some other people’s work, and it does leave much to be desired.

I personally have a few vices myself, I use range caselaw against 365 Subscriber claims that say “greater than” or “less than” occasionally when they don’t appear to be entitled to a patent. I base this vice on Will Form | Blank Estate the theory that by Resume Techniques stating “greater than x” all you are really doing is putting the range of Printable Sample Last Will And Testament Form Estate, values that is greater than x into Office 365 Subscriber Templates words. Would that not be the case? Well, it is the case, but applicants take issue with it occasionally. I’ve found that they only take issue with it when I reject all dep claims. If I indicate one as allowable whooop right up into the ind it goes. I’ve considered just rejecting those types of Printable Last Will Form | Blank Real, cases under 103 without the caselaw backup and with just some rational instead. What do you think about that approach? “For well-written applications, examiners can’t seem to find sufficient basis for rejection.”

I find them all the time and nearly all of my apps are “well written”. Just this week I had 2 apps go abandoned! Wootz! Both of them came back with some lame addition to the claims. I simply googled a ref in about 10 secs and rejected it with a rock solid 103. Literally, the device in Office 365 Subscriber Templates, the new ref specifically was to modify the device in the previous refs in the specific way claimed. Rarely are rejections that clean and quick, but they do happen. I considered Off notice on Printable Will And Testament Form | Blank that one, but figured I’d give him a little googlin since it was an RCE. ” The case law on 112, second paragraph has been pretty well settled.” The Cafc said in a recent opinion that this decision was the correct one for the pto to implement so the BPAI did.

Chief justice has already told congress to bugger off the patent reform because he’d do it from the judiciary and he’s better at it. Fine with me as long as it gets done. I think it is a great idea. Frankly the patent bar’s professionalism as devolved into down right anarchy. This results primarily from the desire of clients to drive down the cost of patent preparation. I think that patent claims should be exacting. The namby pamby BS language that is so often espoused serves only to obfuscate what is truly the invention and line the pockets of that unsavory class of attorney-the patent litigator. “If you cannot find the art, then you cannot reject the claim.” But I thought KSR made “everything” obvious? Whine, whine, whine, whine, whine, draft crappy computer-implemented garbage, whine, whine, whine, whine.

“As David Stein aptly put it, this is just another way for Care Management Referral examiners to Printable Sample Will And Testament Form Estate reject claims on BS instead of finding good art.” Can I ask a simple question: even if your bullcrap was true, what the frick difference does it make? CAFC, are you listening? Please get rid of Beauregard claims asap so we can all get rid of Open Karaoke, Or Ad, these whiners once and for Printable Sample Last Real Estate all. They ruined everything and the greedy babies won’t quit complaining. “If you cannot find the art, then you cannot reject the claim. If you cannot reject the claim, then the application should be allowed after the application has been examined. Don’t make up a rejection just because you “think” there is better art out Arithmetic - Youtube, there, but you just haven’t found it yet.” How do you feel about rejections under Official Notice, and public policy/morality (which doesn’t currently exist)? I agree that if there is no reasonble basis for taking Official Notice, then this line of reasoning should not be used.

Nonetheless, if the Examiner has a reasonable basis that some art exists and such existence amounts to Printable Sample Will Real “common knowledge”, how do you feel about responding to the Official Notice? If you properly overcome the Official Notice, then the case should be allowable over art even if the Resume Letter Techniques, art teaching the noticed facts surface later on during prosecution. To me, this seems like a quick way to overcome even the Examiner’s ideal art, if such an art existed. If I can overcome the Examiner’s noticed facts (which amounts to the Examiner’s theoretical best art), would that result in Last Will And Testament Estate, more compact of a prosecution, i.e. if I could poke holes in the noticed facts, would that help move towards allowance? “As far as policy goes, the Office 365 Subscriber, USPTO isn’t a policy making body – what business do they have trying to make policy? The USPTO couldn’t say they will consider, as prior art, references that antedated the filing date of the application by up to a year based upon “policy” reasons.” The USPTO has specific powers to “establish regulations, not inconsistent with law”: In the example you gave of qualifying references that would otherwise not be prior art under 35 USC 102, this rule would clearly be inconsistent with 102 as required by “A person shall be entitled to a patent UNLESS”.

Clearly, using references newer than the priority date would violate existing law. I am not clear on the conclusion your draw regarding policymaking and Printable Will And Testament Form Real Estate, using newer references as prior art. Can you clarify a little more on what you would and would not consider to be substantive rulemaking? “Pick up any dictionary and you’ll see that most words have more than one meaning. Pick up 5 dictionaries and you’ll likely see 5 different definitions for the same word.” Can you shoot down this type of erroneous interpretation by - Youtube presenting your own interpretation with support from the specification as originally filed? “If extrinsic reference sources, such as dictionaries, evidence more than one definition for the term, the intrinsic record must be consulted to identify which of the Printable Sample And Testament Real Estate, different possible definitions is most consistent with applicant’s use of the terms” “The USPTO wants exactly two things at this point: (1) Applicants to file fewer applications, and. (2) Examiners to allow a very small percentage of Open Talent, Karaoke, Comedy Poster | Karaoke, The O, filed applications.” Do you have any evidence of Printable Last And Testament Form Real, this?

From a management objective, if I were a manager for Slippers On A Skirting Template, the USPTO, I would want: (a) Applicants to Printable Sample And Testament file as many applications as possible, and. (b) Examiners to allow as many filed applications as possible (with adequate quality of course). The USPTO has consistently been a profit-centre for Arithmetic Sequences the federal government. Printable Sample Last Will And Testament Form | Blank? To increase profits, it would make sense to Sequences increase revenues by increasing filings. Also, issuance and maintenance fees are much higher than other fees not related to an allowance. Similarly, would allowances reduce the backlog as well, as compared to Printable Sample pending prosecution to infinity? “I don’t know how the Tmppm 2011 Primary Management, USPTO got so off-track as to see itself as the Printable Last Will | Blank, “patent rejection office,” but it is so. So if the USPTO is cultivating an examiner’s toolkit that only allows still more bases for rejection… it’s because that’s all they really care about.” Do you have statistics on the quality of the Free Statement Medical Forms Top 25+ Best, applications being rejected?

“Examiners simply aren’t permitted to allow many applications, because USPTO management has decided to Sample Last Will Estate throttle allowance rates to absurdly low levels.” Do you have evidence of management lowering the allowance rates, or is this conclusion the result of empirical evidence? If yes the latter, see my comment above regarding the quality of applications. “For well-written applications, examiners can’t seem to find sufficient basis for Resume And Cover Writing Techniques rejection… and so they are taking a third option: delay and churn. It doesn’t seem to Printable Last Form matter that this is Arithmetic - Youtube, unlawful and a shocking breach of the Sample Last And Testament Form Real Estate, mission of the USPTO.” Are you familiar with date goals, wherein managers are withheld pay if their groups do not move old cases? “SPE Award Components. Movement of 365 Subscriber, New Applications (New Date Case Goals)” “These days, I have to advise my clients that they might not see FAOM (or FOAM… the acronym changes daily #128521; ) for Printable And Testament Form Estate ***SIX YEARS*** from Arithmetic Sequences - Youtube, filing” Have you considered the accelerated examination program? I would like to critique the various inefficiencies of the government as much as the next person, but I feel that it would be fair to Printable Sample Form | Blank view all the evidence.

Please respond to the raised points. “Just because no art of record anticipates/makes obvious doesn’t mean that the Statement Daycare Top 25+, application is not obvious, or even anticipated for that matter.” If you cannot find the art, then you cannot reject the claim. If you cannot reject the Last Will And Testament Form | Blank Real Estate, claim, then the application should be allowed after the application has been examined. Don’t make up a rejection just because you “think” there is better art out there, but you just haven’t found it yet. **IF** the patent has value and **IF** the Office, patent will be asserted (which probably knocks out 90%+ of all issued patents), and Printable Last And Testament | Blank Real, **IF** good prior art exists, then an infringer/potential infringer will find that art and Open Mic, Talent, Comedy Poster | Karaoke, The O, invalidate the patent. To “think” that there is good art out there without proof and to reject the claims without this proof wastes both the USPTO’s resources and applicants’ resources. The problem with the USPTO is Sample Real, that there aren’t enough administrative law hawks practicing patent law to be the biggest PITA to the USPTO.

If the FCC, FDA, EPA tried to pull the sh 1t the USPTO does, the administrative lawyers that practice before these agencies would make life a living he11 for those agencies. Unfortunately, us patent attorneys (and clients) acquiesce to this bu11sh it far too often. The reason is Comedy | Karaoke, The O, pretty simple, the stakes are typically too low to really put the USPTO’s feet to Printable Sample Will And Testament Estate the fire over 365 Subscriber Templates, any single application. Contrary to what some commentors think, the value of most patent applications are extremely difficult to And Testament | Blank Real Estate determine accurately at an early stage. As such, most clients are even reluctant to file an appeal, which is far easier than putting the USPTO in its place for its slipshod operation and blatant disregard of the law and its own rules. The USPTO has gotten away with substandard office actions for so long that dimwits such as 6K don’t even realize how poor the Sequences, work product they are actually producing is. xmnr writes “Amenable to multiple plausible constructions’ is a matter of BREADTH not INDEFINITENESS.” xmnr got it perfectly. The way to handle broad claims is with the “broadest reasonable interpretation” standard. If a claim term could be interpreted two different ways, and one skilled in the art would recognize the metes and bounds of those two different ways, then it is OK. If an Sample Will And Testament Form Estate examiner thinks it is too broad, the Sequences - Youtube, examiner interprets the Printable Sample And Testament Form Real, claim both ways and finds art that reads on one of those ways … this will force applicant to Arithmetic Sequences narrow the claims. The tool is Last, already in place to go after “overly broad” claims.

112 2nd paragraphs is about whether the claims are vague versus indefinite — not whether or not the claims are broad. Pick up any dictionary and you’ll see that most words have more than one meaning. Pick up 5 dictionaries and you’ll likely see 5 different definitions for the same word. The problem with the USPTO new (yet short-lived) tool is Open Talent, Karaoke, Comedy Or Ad, that one the examiner comes up with one cockamamie interpretation that doesn’t jive with the normal interpretation, the examiner will jump around after like 6k does after he completes his latest quest in WoW exclaiming “I did it!! I did it!!” As David Stein aptly put it, this is just another way for And Testament Real examiners to Open Mic, Talent, Karaoke, Comedy | Karaoke, The O reject claims on BS instead of finding good art. BTW – what gives the USPTO the right to make make/interpret the law?

They aren’t Congress or the judiciary. The case law on 112, second paragraph has been pretty well settled. As far as policy goes, the USPTO isn’t a policy making body – what business do they have trying to Printable Last And Testament | Blank Real make policy? The USPTO couldn’t say they will consider, as prior art, references that antedated the filing date of the Free Statement Forms. Daycare Medical Forms Daycare, application by up to a year based upon Printable Last And Testament Form | Blank, “policy” reasons. If placed in the hands of a reasonable Corp of examiners, I could hold my nose and buy into Free Statement Daycare this power grab by the USPTO. However, when the Corp has shown, time and time again, a complete disdain for patent law, their own rules, the APA, common sense, and in certain instances, the laws of physics, then the only thing I would trust the Printable And Testament | Blank Real Estate, USPTO to do would be to abuse this expanded power to reject claims. “It is a bad idea in that it gives the PTO only more powers in a certain direction.” But it’s the only direction in which they want to Tmppm 2011 Primary Management (pccm) Referral move. The USPTO wants exactly two things at this point: (1) Applicants to file fewer applications, and.

(2) Examiners to allow a very small percentage of Sample Will Real, filed applications. The latter is astonishing in itself, and even more so because the USPTO openly and brazenly admits this aspiration. Check out this graph… from the USPTO’s own presentation!! I don’t know how the USPTO got so off-track as to see itself as the “patent rejection office,” but it is so. So if the USPTO is cultivating an examiner’s toolkit that only Office 365 Subscriber allows still more bases for rejection… it’s because that’s all they really care about. “I like to think the PTO should be run like a prosecutor’s office. A prosecutor can lay charges against a person, for example, or decide not to. Will And Testament Form Real Estate? They have a lot of Tmppm 2011 Management Form, leeway to the point of Printable Sample Will | Blank Estate, being unaccountable.” Well, the USPTO would LOVE unaccountability – no BPAI, CAFC, or SCOTUS repeatedly telling it that it’s violating many laws and the Constitution with its self-legislating, and that its decisions are hopelessly inconsistent. But I think your analogy is apropos.

Prosecutors are neither judge nor jury. Their valid options are to Slippers Pool Skirting withhold prosecution (i.e., to allow a patent application without challenge) or present the best case for Printable Sample And Testament Form Estate conviction (or rejection.) Yet, examiners break from this model in two ways – (1) Examiners simply aren’t permitted to Open Talent, Poster Or Ad | Karaoke, The O allow many applications, because USPTO management has decided to Printable Sample Last Will Form | Blank Estate throttle allowance rates to absurdly low levels. (2) For well-written applications, examiners can’t seem to find sufficient basis for rejection… and so they are taking a third option: delay and churn. It doesn’t seem to matter that this is unlawful and a shocking breach of the mission of the USPTO. These days, I have to advise my clients that they might not see FAOM (or FOAM… the acronym changes daily #128521; ) for Sequences ***SIX YEARS*** from filing. Can you imagine if the Printable Last Will And Testament Form | Blank Estate, U.S. criminal justice system were run that way? (Well, notwithstanding that sordid little affair in Cuba?) My problem is that section 101 seems to fail section 112. Based on the various court rulings, the section appears insolubly ambiguous.

I agree with David Stein’s postings. “Other sections – 101, 112, etc. – are SUPPOSED to 365 Subscriber be fairly low thresholds of Sample Will And Testament Real, formality and Forms. Daycare Forms Top 25+ Best, competence. ” I agree, how do you keep failing to Printable Will | Blank Real meet even the Arithmetic - Youtube, lowest of the low thresholds put before you? “The bottom line is simple: the USPTO hates searching.” Could be true, but if it was then they could simply narrow all searches to be one subclass search and that’s it. “So the USPTO’s answer to reducing backlog (other than the obvious answer: ALLOW those valid applications!” Problem is they’re not really valid. Just because no art of record anticipates/makes obvious doesn’t mean that the application is not obvious, or even anticipated for Printable Sample And Testament that matter.

What’s more, the problem is also that they failed to meet the lowest bar of patentability, 101. “I like to think the Arithmetic Sequences - Youtube, PTO should be run like a prosecutor’s office. Printable Will Form | Blank Estate? A prosecutor can lay charges against a person, for example, or decide not to. They have a lot of leeway to the point of Open Talent, Karaoke, Poster The O, being unaccountable.” This man is truly a visionary. My hat is off to you sir. When I got here I was genuinely surprised that the PTO was not more like this than it is. I think it if was then all involved would feel more comfy about allowing things. Sample Last Will And Testament | Blank? Imo, you lawyers should lobby for this type of Open Mic, Karaoke, | Karaoke,, PO.

At the outset, it should be noted that this question assumes that the “insolubly ambiguous” standard is currently in Printable Sample Last And Testament | Blank Real Estate, play at the PTO. I would respectfully assert that this is not the cae, and that patent office policy, currently, is to reject a claim under 112(2) when the metes and bounds of that claim are not clear. In other words, the PTO standard is already quite a bit lower than insolubly ambiguous. Is this a good thing? Yes, it is. Patents are legal monopoly on the subject matter that is hte subject of the claim.

A legal monopoly is a powerful right and the public needs to be put on notice of the scope of that monopoly so that it can be confidently avoid infringement. On A Pool Backgrounds? To confidently avoid patent infringement, one must be able to Printable Sample Last Will Real Estate reasonably predict what activities will fall within the Resume And Cover Letter, scope of the claim and what activities will fall outside the scope of the claim. Thus, a higher standard for 112(2) at the PTO is a good thing, in Printable And Testament | Blank Real Estate, that indefinite claims are less likely to issue and the public will be able to Effective And Cover Letter Writing Techniques navigate around the Sample And Testament Form, scope with reasonable confidence. The question is how high should the standard be? The metes and bounds of the claim must be clear but breadth is not indefiteness. The nature of language makes claims amenable to more than one reasonable construction and so clearly that shoudl not be the standard. I believe this is an area where the term “metes and bounds” is actually quite sufficient and that examiners can apply that term without great difficulty. There is always an element of subjectivity in rejections; some examiners may be more stringent in applying 112(2) standards than others. At the very least, however, the Sequences, examiner should require that the And Testament | Blank Estate, metes and And Cover Letter Writing, bounds of the claims be clear enough so that the examiner can figure out what she is supposed to be searching for. If the examiner can’t figure out how the claims works, and Printable Sample Last Form Estate, therefore cannot do a proper prior art search for that claim, then the claim should be rejected under 112(2). It is both a good idea and a bad idea.

It is Forms. Daycare Medical Top 25+ Best, a good idea in the sense that it gives the PTO more powers. It is a bad idea in that it gives the PTO only more powers in a certain direction. I like to think the PTO should be run like a prosecutor’s office. A prosecutor can lay charges against a person, for example, or decide not to. They have a lot of leeway to the point of being unaccountable. The PTO should be the same: there is close to Printable Estate no sense in defining in general what makes an invention novel or useful. Experts at the PTO should be able to decide. Open Talent, Karaoke, Or Ad | Karaoke, The O? For the Printable And Testament Form | Blank Estate, inventor there is a price for weak PTO patents — if a patent can be challenged later it is not that valuable.

Obviously I hardly know anything about the details of the laws involved. stein “But the USPTO is breaking free of Daycare Top 25+, these moorings. Sample Last And Testament Estate? Increasingly, examination is focusing on Tmppm 2011 >8.5 Primary Case (pccm) nitpicky rules of formality, academic arguments of interpretation, and wholly arbitrary procedural rules.” But applicants never engage in Printable Will And Testament Form | Blank, that behavior. And if they did it was only because the PTO engaged in it first! If I may quote a regular commenter here (due to arrive any moment): “eeeyeahright” I think I can now set forth my core problem with this (and KSR, and Bilski.) The heart of patent examination is in sections 102 and 103.

Other sections – 101, 112, etc. – are SUPPOSED to be fairly low thresholds of formality and competence. As long as the specification is 2011 >8.5 Primary Case (pccm) Referral, written with a minimum standard of Printable Sample Last Will And Testament | Blank, workmanship, and as long as the Free Forms. Medical Top 25+ Best Daycare, invention passes some minimal burdens of Printable Form, utility… then the Arithmetic Sequences - Youtube, formalities have been met, and examination should begin. But the USPTO is Last And Testament | Blank Estate, breaking free of these moorings. Increasingly, examination is focusing on nitpicky rules of formality, academic arguments of interpretation, and wholly arbitrary procedural rules. The bottom line is simple: the Pool Skirting Powerpoint, USPTO hates searching. Examiners can’t do a sufficient job in Sample Last Will Form | Blank Real Estate, the allotted time frame, and management refuses to reconsider productivity requirements. It’s hard and time-consuming to dig up, understand, and apply references.

It’s much easier to fall back on “smell tests.” So the USPTO’s answer to reducing backlog (other than the Office 365 Subscriber Templates, obvious answer: ALLOW those valid applications!) is Printable Sample And Testament | Blank Real Estate, more smell tests, more tools for Statement Medical Best Daycare “easy” rejections, and more arbitrary procedural cutoffs. Of course, the hardship falls squarely on the shoulders of applicants. But in the USPTO’s warped view of reality, this is Printable Last And Testament Form Real, poetic justice – because we’re the cause of the problem with our increased filings. “‘Amenable to multiple plausible constructions’ is a matter of Sequences - Youtube, BREADTH not INDEFINITENESS.” “Of course the threshold should be reduced. Clearly, examiners need more weapons for Sample Will And Testament Real rejecting claims in lieu of doing an actual search or finding prior art.” I concur. They should have put in Open Mic, Talent, Karaoke, | Karaoke, The O, the opinion that if the claims are suitably amendable then no analysis of the Sample Last | Blank Real, claims under 102/103 is possible since there is at least 2 different interpretations which are completely independent and distinct from one another. But since this isn’t a restriction, and is instead a rejection, this counts as a FOAM! WOOOOOOOTZ!

The courts/bpai: taking the “hard” out of being an examiner one step at a time. Holy sht, 15 points for a sentence: Because it will allow the pto to “encourage” applicants to remedy potential disputes while the claims may be amended. And because examiners will be able to ride the RCE gravy train, in Template, Backgrounds, some cases where no claim could be written that doesn’t have more than one meaning, forever, or until the app gives up. Public notice F T W. “No, as it will be used by Printable Sample Last Will And Testament Real Estate the PTO as a weapon to Tmppm Primary Care Case (pccm) Referral reduce the number of applications instead of tool to further prosecution.” But those are one and the same right? “-1 for arguing without explanation that LOWERING a hurdle to patentability will be used as “a weapon to reduce the number of applications.”” “I think it’s funny you call “insolubly ambiguous” a “high standard.” It is Printable Last Will Form Real, a low standard, as in Mic, Talent, Karaoke, Comedy Or Ad | Karaoke, The O, low quality claims satisfy it.” Ur looking @ it arsebackwards from how D is i? “examiners don’t use the Real, “insolubly ambiguous” standard and have probably never heard of it.” Some of 2011 Primary Care Case Referral Form, us used to, in fact my SPE would make me. And all my previous SPE’s would make me. Printable Estate? They usually wouldn’t bring up “insolubly ambiguous” instead, the Karaoke, Comedy Or Ad | Karaoke,, threshold is “whether you can really tell what they mean to claim”.

“Second, who are the policymakers and how could they possibly lower the standard only Printable Form Estate during examination?” The BPAI, didn’t you read the previous post on this? ” 2 points out of 15 for anon, 0 for me” lol, more like it. “Yes, because the current standard allows patentees to obtain patents whose scope is not clear until a district court judge decides which of two plainly evident but distinct (and often contradicting) constructions is the Mic, Comedy Poster Or Ad | Karaoke,, “correct” one. ” Are we talking Ex Parte Miyazaki? ‘Amenable to multiple plausible constructions’ is a matter of BREADTH not INDEFINITENESS. Furthermore, any issues of Printable Last Real Estate, ‘indefiniteness’ are covered by Arithmetic Sequences interpreting the claim under the Printable Sample Last Will And Testament Form | Blank Estate, doctrine of broadest reasonable interpretation. That is, if a claim reads under two possible interpretations, that’s not indefinite, it’s BROAD and can be interpreted in a multitude of Office 365 Subscriber, ways that expands its scope. I would agree that it is a good idea if the USPTO were reasonable in addressing alleged ambiguities.

My experience, however, is that (for novelty/obviousness) the Printable Sample Form Real, USPTO unreasonably takes the broadest possible interpretation — as opposed to the broadest reasonable interpretation in view of the specification — as if the Sequences, specification had not been written. Consequently, applicants must unnecessarily address (and sometimes amend in view of) prior art that would never have been implicated under a reasonable interpretation of the claim terms. I worry that the USPTO will similarly be unreasonable with respect to alleged ambiguities. That said, assuming that the USPTO does a reasonable job (I doubt they would), the costs of having to Last Form | Blank Estate write two claims to replace an allegedly ambiguous claim is a small price to Resume pay for Sample Last Will And Testament Form | Blank Real Estate the notice benefit to the public. Of course, too many patentees are eager to Office Templates leverage nebulous/ambiguous claims. This new rule from the Board of Appeals is a call to arms for Printable Sample And Testament Estate them. Of course the threshold should be reduced. Clearly, examiners need more weapons for rejecting claims in lieu of doing an actual search or finding prior art.

Adding: the part of the proposal re “going forward” is a closer call. I would err on Forms. Daycare Medical Daycare the side of punishing existing patentees as well as current applicants. A better standard would be “reasonably definite” to the skilled artisan. Also, I would require that any statements or actions (i.e., notice of Sample Will And Testament | Blank Estate, infringement letters, requests for licenses) that relate to claim construction be submittable to the PTO by third parties for filing with the application so that the public could be aware of Pool Powerpoint Template,, what the patentee believes to be the proper construction of his/her claim, and Printable Will Real, the public could more readily assess issues of patent abuse and Slippers Pool Skirting Template,, inequitable conduct. Yes, because the Last Will And Testament Real, current standard allows patentees to obtain patents whose scope is not clear until a district court judge decides which of two plainly evident but distinct (and often contradicting) constructions is the “correct” one. On A Pool Template,? Thus, the current standard fails to force applicants to Printable Last Real Estate comply with the Effective Resume Letter Writing Techniques, requirement of putting the public on notice as to the reasonable scope of the claimed property right.

I take back my comment, to the extent I can. I think all the negatives swirling around confused me… Insolubly ambiguous = high bar to INvalidate a patent, and PTO is considering lowering the bar to invalidating a patent… which is actually raising the bar to patentability. 2 points out of 15 for anon, 0 for me. As a former examiner and now practitioner, I don’t understand the question, assuming that this is strictly a policy question. Printable Will Form | Blank Real? The standard is already low for Free Statement Forms. Medical pending applications — examiners don’t use the “insolubly ambiguous” standard and have probably never heard of it. It is an invalidation rule, which differs from examination rules, and inherently takes into account the fact that the claims have presumably passed examiner scrutiny. This contributes to why it is a high standard in consideration of the presumption of validity. Second, who are the policymakers and how could they possibly lower the standard only during examination? The PTO can’t overrule statute as interpreted by Printable Sample Last And Testament Real Estate the Fed. Effective Resume Letter Writing? Cir., as far as I know, or make substantive patent laws. Perhaps congress can do this, but the language of 112 already seems to be a lower standard than used in the Fed Cir and in practice is already applied as such.

[Response by Printable Sample And Testament Form Real DDC: Anon, you should remember that law professors not allow practical issues or reality to Office 365 Subscriber complicate our exams.] In Europe, Article 84 requires the claims to be “clear, concise and Last Will Estate, supported”. After issue, the claims as granted is immune to Art 84-based attacks, until the patent owner seeks to Pool Powerpoint Template, Backgrounds amend. Then, the content of the amendment is fair game for Art 84-based attacks. I think this scheme keeps the show on the road, by encouraging Applicants to Printable Last Form Real Estate go to issue with impact-resistant claims. The USA can scrutinise the last 30 years of Resume, operation of the EPC, take what makes sense and disregard the rest, and I think Dennis, the USPTO and the CAFC sometimes look wistfully at Europe, but can’t bring US opinion round to an open mind on borrowing good stuff from Europe. Or is that just me being child-like, innocent and naive, pds? I think it’s funny you call “insolubly ambiguous” a “high standard.” It is a low standard, as in low quality claims satisfy it. Particularly for pending applications the standard should be raised significantly to improve the clarity of Printable Will Estate, patent rights. While it would be unfair to retroactively apply a new standard to existing patents, we should aspire to improving things in the future. No – it is not.

112 requires that the scope of the claims be ascertainable. A prudential rule allowing the Talent, Comedy | Karaoke, The O, PTO to lower the Sample | Blank Estate, 112 threshold by adjusting/expanding claim scope results in an uncontrolled inquiry. That is, the PTO analysis of a claim’s scope would involve modifying the claim’s scope itself. I can make anyone fail a breathalyzer if I can add alcohol to their blood during the test. Dennis should give out grades if people answer the question. Office? I suggest 0 points for anon.

1 for grasping that the PTO has real-world incentives that have little to do with substantive patent law; -1 for arguing without explanation that LOWERING a hurdle to patentability will be used as “a weapon to reduce the Sample Form | Blank, number of applications.” Calling the PTO policymakers is being polite at best. A good idea? No, as it will be used by the PTO as a weapon to reduce the number of applications instead of Mic, Talent, Or Ad | Karaoke, The O, tool to further prosecution. Comments are closed. Dennis Crouch Associate Professor, University of Missouri School of Law SSRN Articles Jason Rantanen Professor, University of Printable Last And Testament | Blank Real Estate, Iowa College of Office Templates, Law SSRN Articles Occasional guest posts by IP practitioners and Sample Last Form, academics. About 25,000 individuals now receive Patently-O via e-mail each morning.

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Now the project begins in earnest. Good research is the Tmppm 2011 >8.5 Primary Care Case Form foundation of your paper. It stands to Printable Sample Last And Testament | Blank, reason that without a solid foundation, the paper you build will inevitably be weak. As a general rule, your paper will be stronger if you use a good variety of the most up-to-date, and the most specific and expert, resources. The Library: The place to do research is the Mic, Talent, Karaoke, Or Ad library. Printable Sample Form | Blank? Do not be intimidated if the library on your campus is big and unfamiliar. Even the most experienced faculty member needs help sometimes, particularly when using such specialized sources as government documents. 365 Subscriber Templates? The good news is that assistance is readily available. This appendix will presently outline some of the main resources you may find in your library.

The list can serve only as a very brief introduction, however, so it is important to make use of the library's staff. When you get lost, as we all do, ask the nearest librarian for help. Actually just standing around and looking confused will suffice sometimes to summon aid. Research Strategies: When you are doing your research it is important to be creative. Printable Sample Will Form | Blank Real? Here are a few tips:

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A general introduction to international relations such as International Politics on the World Stage (Rourke, 1995) might also prove helpful to gain an Templates overview of a topic. 2. Treat research like a detective story. Search under a variety of subject headings when looking for sources in the physical or computerized card catalog, in an index, or any other finding aid. If, for example, you are doing a paper on Vietnam, do not limit yourself to looking under V for Vietnam. Other likely subject headings might be Asia, Southeast; Ho Chi Minh; Kissinger, Henry; Johnson, Lyndon B.; Nixon, Richard M.; U.S.-Foreign Relations; or U.S.-History. 3. Look at the most recent books and journal articles first. These sources will usually contain a bibliography and notes that list earlier works on the subject.

This can be an invaluable as well as a time-saving step in Last Will | Blank Estate locating supplementary source material. 4. Photocopy important material. If you can afford it, photocopying is much faster than taking notes and there is less chance for error. If you take written notes, use index cards. Larger cards are better than smaller ones. Effective Writing Techniques? Use one card for each quote, statistic, or other piece of research that you collect. Cards work well because they can be arranged easily. For topics with distinct parts, you might even want to try a different color card for Printable Sample Will And Testament Real each part. Office Templates? Some people use portable computers to take notes. If you do, be sure to make a backup copy on a floppy disk. 5. Make a careful and complete notation of the Printable And Testament Form Real source of Office 365 Subscriber Templates your material.

Later on we will cover why and Sample Last Form | Blank how to Slippers On A Powerpoint Backgrounds, cite material, but there is nothing more frustrating than having to go back to the library to look up a citation that you should have noted clearly and completely in the first place. Your library contains many types of resources that you can utilize to do your research. The following list is a mere beginning. Use it, but also go to your library, wander about a bit looking at its various sections and Last Will | Blank Real Estate the resources that each contains, and Tmppm >8.5 Primary Care (pccm) Form ask librarians about what is available. You may be surprised at how many resources you discover. Reference Works: One of the most important places in your library is the reference room. We will mention some of the resources you will find there, but if you follow our advice about exploring this resource area, you may save yourself many hours later on. The materials in the reference room are valuable resources for beginning to structure the basic outline of Sample Last Will And Testament Real Estate your topic. Political science encyclopedias and dictionaries are one type of Slippers Pool Powerpoint resource. There are many. Sample Last And Testament Real Estate? For an American foreign policy course you might wish to look at sources such as the Dictionary of American Diplomatic History (Findling, 1989) or, at the most general level of political science, you might wish to consult The Encyclopedic Dictionary of American Government (Dushkin, 1991).

There are similar works, such as The Oxford Companion to Politics of the World (Krieger, 1993), that are global in scope. Then there are resources such as Editorial Research Reports , the Political Handbook of the World , or the Index to International Public Opinion that deal with particular topics, give summaries of various governments, or take other specialized approaches. Such works are normally acceptable sources; general-purpose encyclopedias (such as the Arithmetic - Youtube Encyclopaedia Britannica , the World Book , etc.) typically are not suitable, although the bibliographies they include with individual topics may prove helpful. In a U.S. foreign policy class, an often overlooked place to start is the series of works published by Congressional Quarterly. Weekly updates come in Printable Last Will And Testament Estate the form of the Congressional Quarterly Weekly Reports . Information on an annual basis comes out in the Congressional Quarterly Almanac . Multiyear summaries called Congress and the Nation are available as well. These contain the basics of most U.S. Open Karaoke, Poster? foreign policy actions.

Besides coverage of congressional policy making, summaries of Printable And Testament Form | Blank Real Estate presidential or executive branch actions are included as well. The reference room also has bibliographies of works on various subjects. These are classified under Z. Check with the reference librarians. They may save you time. Books: Use your library's computer access system or card catalog for books on your subject. Tmppm 2011 >8.5 Case Management Referral Form? A good place to start is with the Library of Printable Sample Will Form Estate Congress Subject Headings for ways to cross-reference your search for books. Resume And Cover? In the Library of Congress system, most U.S. Printable Will Form Estate? history is 2011 Primary Case Management Form under the letter E. Sample And Testament Form Real? For economics, look at H; for Tmppm 2011 >8.5 Primary Management Referral world history, consult books under D. Under H, the subsets of HC, HG, and HJ are particularly good for economics. The letter J encompasses most works on political science. As subsets, the letters JK focus on Sample Last Form | Blank Real Estate U.S. Open Mic, Talent, Karaoke, Comedy Or Ad | Karaoke,? politics; JL, JN, and Will And Testament Form JQ cover other parts of the world; and JX covers international politics. Templates? Military affairs are under U. It is valuable to know these letters because sometimes it is worthwhile to simply go to the stacks where those letters are shelved and browse a bit to uncover resources that you may have missed in your computer or card catalog search. The shelves in the reference room are partly arranged using the Library of Congress system.

Older books are also sometimes catalogued under the Dewey decimal system with the 300s and 900s of especial relevance to political science and Sample Will And Testament Estate history. Scholarly Journal Articles: Some topics, like U.S. Sequences? diplomacy during the recent fighting in Bosnia-Herzegovina, may be so contemporary that there are few or no books yet available. In such cases, scholarly journals are more likely sources of Printable Sample Last Will Form information and 2011 Management Form analysis. You should consult journals even for noncontemporary topics because scholars may have found new information or conducted new analyses. The places to find journal articles are the Public Affairs Information Service , the Social Sciences Index , the S ocial Sciences Citation Index , and Printable Last And Testament | Blank the ABC Pol Sci . Tmppm 2011 Primary Management? You should be able to find most, if not all of these, in your library's reference room. Just a few of the leading journals in foreign policy and Sample And Testament Form international affairs are Foreign Affairs, Foreign Policy, International Affairs, International Organization, International Security, International Studies Quarterly, Journal of Conflict Resolution, Journal of International Affairs, Orbis, and World Politics. There are also many journals such as the American Political Science Review that contain general political science research.

Government Publications: You may also find valuable information that has been published in a report of a governmental agency, in hearings or reports of Sequences - Youtube a congressional committee, or in the transcripts of the proceedings of Printable Sample And Testament Form | Blank Congress. Office? The United Nations and a number of other international organizations also publish proceedings and Printable Form Estate reports. There are several indexes available. 365 Subscriber Templates? The Monthly Catalog of United States Government Publications provides a comprehensive list of sources. The CIS/Index by the Congressional Information Service abstracts and indexes congressional hearings and reports. Debates and other proceedings of Congress are found in the daily Congressional Record. At some schools, accessing government documents can be a challenge. See your reference librarians for help with government publications. Newsmagazines and Last Will Form | Blank Real Estate Newspapers: If you are covering a current topic or need to have a day-by-day account of events and Office 365 Subscriber Templates cannot find one elsewhere, you may be forced to turn to newsmagazines and Sample Last And Testament Form | Blank Real Estate newspapers. Be sure, however, to check with your instructor to ensure that these are considered acceptable sources for your assignment.

Mostly they are useful for facts or for contemporary quotes and Office 365 Subscriber Templates are usually not good sources of analysis. Your library may have a computerized access system such as InfoTrac to assist you. The Reader's Guide to Printable Last Will Form Real Estate, Periodical Literature also helps access this material. Additionally, major newspapers like the New York Times, Washington Post, and Los Angeles Times are indexed. Some are now available on CD-ROM, allowing you to use the computer to Open Mic, Talent, Poster, search by subject and then print out the relevant stories. Printable Form | Blank Real? For instance, InfoTrac is one CD-ROM-based system that among other things indexes the New York Times, Washington Post, Christian Science Monitor, Wall Street Journal, and Los Angeles Times. Management (pccm)? The Lexis/Nexis computer database will not only provide you with indexed citations of journalistic articles, but also with the text of the article in most instances. See the Printable Last Form | Blank reference librarians for help with such resources. There are sources such as Facts on File and Free Statement Forms. Daycare Medical Forms Top 25+ Best Daycare Keesing's Contemporary Archives that are compilations of weekly news events and are indexed. World Wide Web (WWW) Electronic Resources: Over the past few years it has become increasingly easy to find research information by using the Internet.

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There may also be an audio-visual section. Some libraries contain archives or a rare book collection. Talk to a librarian or your professor for added information. Also realize that no library has everything. Consequently, you may find references to sources that are not found in your library. You can usually order such sources from other libraries through the interlibrary loan program. Check with your reference librarians to learn how to use this service. Be advised, however, that interlibrary loans take some time.

So order any needed sources as early as possible. External Sources: Knowledge is not confined to libraries or even campuses. A surprising number of students know someone who knows something about the Tmppm 2011 >8.5 Care Case specifics of some U.S. foreign policy issue. Printable Will And Testament Estate? Even if you do not know someone personally, you might find it interesting and Sequences - Youtube possible to conduct an interview with a decision maker or some other relevant person. Some students have been known to Sample Last Will And Testament Form Real Estate, telephone the State Department for information successfully. Others have called the United Nations Missions or local consulates of other countries involved to get information from them.

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Review of CHSRA 2016 Business Plan- Part 2. MORE SPECIFICS ABOUT THE BUSINESS PLAN. In the first article we talked about initial impressions of the Printable Sample Last And Testament Form | Blank Estate business plan and the lack of credibility in regard to the source of the capital needed to build the Slippers Skirting Powerpoint Backgrounds project. The myriad of Printable Sample Will | Blank lawsuits was also outlined as well as the challenges the Authority faces in “moving forward.” Let’s now look a little deeper. Ridership is an extremely important element of the business plan. If you don’t have enough riders, you won’t have the revenue and Slippers Skirting Powerpoint Backgrounds the high-speed rail program may become a burden to Printable Will And Testament Form | Blank Estate, the taxpayers. Tmppm 2011 Primary Case Management (pccm) Referral Form! In addition, unrealistic operating costs add to Last Form | Blank Estate, the real danger of operating subsidy, which is strictly forbidden by Prop 1A. In order to understand the Authority’s new ridership numbers, it’s insightful to - Youtube, look at Will And Testament Form Estate, past projections.

In 1996, Charles River Associates conducted the first statewide high-speed rail ridership study for the Authority’s predecessor – the Intercity High-Speed Rail Commission. Quoting from the Commission’s High-Speed Rail Summary Report and Action Plan (December 1996): “To ensure investment grade results, the forecasts were subject to extensive peer review.” This investment grade ridership study envisioned 1.9 million riders on the San Francisco to Bakersfield segment. These riders were forecast when the system connecting Los Angeles to the Bay Area would be fully built out in 2015, meeting the needs of a population of 45.7 million Californians. Hindsight proved that the California Department of Finance’s Demographic Research Unit (DRU), which provided this forecast in May 1993, was wildly optimistic with their population forecast. Resume And Cover Letter! Now in the 2016 Business Plan the Authority envisions 11 million riders a year – 6 times the Printable Will Form | Blank Estate original estimate – for that same segment in 2028, while the DRU now predicts a state population of only 43.4 million. Mark Powell, a retired oil company executive who performs extensive research and writes a blog, Against California High-Speed Rail, has uncovered these facts. He believes that the Commission’s contractor, Charles River Associates, back in 1996, was more objective than today’s projections because construction costs were expected to be much lower and there would have been little pressure to inflate ridership numbers to justify the project. The ridership numbers went up and down in subsequent years but always higher than Charles River Associates’ 1996 original 1.9 riders for the San Francisco to Bakersfield segment. As a point of Sequences reference, California’s population in 2015 was actually 39 million, not the projected 45.7 million, and is now expected to Printable Will Form, grow to 52 million by 2060.

A critical look at the 2016 Business Plan shows how the Authority envisions ridership of the mature Phase 1 system ramping up at 1.1% per year during the years 2035 and 2060 with no signs of slowing. In fact, the current DRU forecast (December 2014) shows that California’s population is expected to grow at less than half this rate during this period and slowing to only .3% per year by 2060. “The Authority’s excessive ridership growth rate yields higher profits that play into Statement Daycare Medical Top 25+ Best the Authority’s lie about private capital someday funding construction,” declares Powell. The environmental work is not completed for Printable Sample And Testament Form | Blank the San Francisco to San Jose or San Jose to Merced sections, but the Open Mic, Talent, Karaoke, Poster | Karaoke, The O reductions in Sample Will And Testament | Blank cost in the business plan indicate they are doing “value engineering” in the San Jose area. Removing giant aerial structures for tracks leading into Diridon station account for some of the reduced costs. The business plan explains that the new cost estimates are based on changes in Free Daycare Best Daycare the environmental work that will be covered in future meetings, which means they are basing their costs on changes that have not been made public. These changes will be something that San Jose neighborhoods should be watching closely. They were promised protections against at-grade alignments through their areas, given many neighborhoods have already been bisected by Sample Form | Blank Real previous transportation projects.

Without details about Tmppm Care (pccm) Referral Form exactly what they are changing to reduce costs, it is impossible to know what the effects will be. The cost reductions and value engineering reflected in these detailed documents shows that the current estimates reflect the Printable Sample And Testament | Blank Real Estate most bare-bones version of the system in which they select the cheapest alternative in virtually every scenario to Arithmetic, keep the costs down. Printable Sample Form | Blank Estate! For example, the plan only includes $500 million total to cover the cost of 44 grade separations necessary to run trains between San Francisco and Arithmetic San Jose. Without these grade separations, the number and speed of the trains will be limited, which will impact ridership and revenue capabilities of the system. Printable Last | Blank Real Estate! (It will also close the crossings to traffic much longer, but that’s a topic for another day.) However, the $500 million isn’t even included in the $2.8 billion in additional money they would need to Talent, | Karaoke, The O, complete the San Francisco to Bakersfield line. This means that $2.8 billion is Sample Last Will Form Real, still a low-ball estimate and it is unclear how much more would be needed to Statement Daycare Medical Forms, run an attractive schedule that would presumably attract private investors. From an environmental perspective, it is unclear if having interim stations in And Testament Estate Madera Acres and the outskirts of Shafter is legal given they weren’t studied under CEQA or NEPA. But again, since only the Authority seems to know the plan, it is hard to speculate what is actually going on or what it would cost. Nadia Naik of Californians Advocating Responsible Rail Design (CARRD), an organization that fights for Pool Skirting Powerpoint Template, proper process and open transparency, offered this about the new plan. Printable Sample Last And Testament | Blank Real Estate! “It is interesting to note that the biggest complaint of the 2012 and Tmppm 2011 >8.5 Primary Care (pccm) 2014 business plans were that the cost estimates didn’t accurately reflect the engineering work that was being done at the time and being discussed publicly or in consultant reports.

The 2016 business plan seems to have cost estimates based on Last | Blank Estate engineering work that has not been made public, which of On A Skirting Backgrounds course makes it difficult for anyone to confirm or dispute.” Friends of Caltrain, a local transit advocacy group in Northern California and advocates for Caltrain’s electrification has concerns. Printable And Testament Form | Blank Real! They believe there are a few kinks in the plan. They say without appropriate passing tracks, the Caltrain schedule could be less than desirable. The Rail Authority says that this route will fill in the housing gap in the Bay Area, allowing people to Templates, live in the Central Valley and commute to Printable Last Will And Testament Form | Blank Estate, Silicon Valley. However, as pointed out by Friends of Caltrain, “the pricing structure assumed in the revenue model isn’t designed for commuting, with an $83 fare from Fresno to San Jose.” Note: Do the math; that would be over $30,000 a year for their commuting expense but of course monthly passes will bring the cost down a bit. Effective Letter Writing! But think about it, will these cool twenty and thirty something year old employees of these high-tech companies who are currently willing to ride a bus into Silicon Valley daily in order to live in San Francisco choose Fresno as their new home? It’s doubtful. Promises, promises to Southern California:

One wonders how promises can be kept without bond funds using only the cap-and-trade revenues and federal funds. Sample | Blank Estate! Remember, the Talent, Or Ad | Karaoke, cap-and-trade funds must first be spent in Will And Testament Estate the Central Valley as a match for federal grant dollars. The only money that has been officially appropriated to Southern California is what’s known as bookend spending. $500 million was appropriated to Southern California, but the rail Authority admits on page 3 of their September 2015 Semi Annual Operations Report that they can’t get the bond funds because lawsuits are preventing access. So where is the money for Southern California? Author Susan MacAdams and board member of the Train Riders Association of California, a rail advocacy group based in Sacramento, outlines what the Authority is planning to do with state funds in Southern California in Sequences this California Rail News article. MacAdams asserts that if HSR comes to Will And Testament Form, the South, those improvements that they are planning to build will have to be torn out to accommodate the high-speed rail trains. As an example in a letter she wrote to the Burbank mayor last month she said, “CAHSRA, Caltrans and Open Comedy Or Ad Metro are not coordinating the building of infrastructure projects using federal, state and local funding. The new Caltrans bridge, currently under construction along the 5 Freeway, will have to be torn down and rebuilt to accommodate HSR. The bridge cannot support the catenary poles for electrification.

New construction also does not accommodate the Last Will Estate four track system Metro, Metrolink and CAHSRA agreed upon.” See pages 3-5 of her article in which she reveals the 10 fatal flaws of the plans. A pure waste of money. William Grindley, co-author of many financial reports on the high-speed rail project, believes, “Since the whole document is nothing more than marketing glitz to have the lazy Legislature let them continue to spend money from 49 other states, they [the rail authority] will say anything so they won’t anger the SoCal legislators who wanted the fed $s for pork in their Districts.” Prop 1A Bond funds have been used for planning and environmental work. However, access to the funds has been held up because the Mic, Karaoke, Comedy Poster Or Ad The O rail authority has not met the terms and Sample Last Will And Testament | Blank Estate conditions of Prop 1A.

A technical point: Prop 1A requires two funding plans. The second funding plan is required right before the Authority begins construction. Resume Letter Techniques! The Authority produced the first funding plan in November 2011 and it included both the Initial Operating Segment South (IOS) and the IOS heading north. Printable Will Form! Though they made a selection later to go south, they still have the first funding plan allowing development either way. Talent, Karaoke, Comedy The O! They still must come up with Funding Plan #2 regardless of where they build, if, in Printable And Testament Form | Blank Estate fact, they want to use bond funds for construction purposes. This second funding plan requires all environmental work be completed and the identification of the funds to build, in this case, all 250 miles. It’s not a speculative thing, either. They can’t say, we’ve identified the source of the funds but we haven’t figured out Tmppm 2011 >8.5 (pccm) Form, how to transfer them into our bank account yet. Seriously, Prop 1A says, among many requirements, that, “The sources of all funds to be invested in the corridor, or usable segment thereof, and Printable Sample And Testament Form | Blank the anticipated time of receipt of those funds based on Slippers Skirting Template, Backgrounds expected commitments, authorizations, agreements, allocations, or other means.”

What’s not in the Business Plan: Missing is the explanation of the outstanding lawsuits which includes the Last Will | Blank Estate devastating result of the partial win of the Sequences first Tos/Fukuda/Kings County case. Not everything was overturned when the case was appealed. The Authority cannot access bond funds today as a result of the Sample And Testament first part of the case, and they have admitted this in writing in their year-end Operations Report. Missing is Resume Techniques, how the Authority plans to address security of the Printable Sample Will Form train. Free Statement! “Imagine the terrorists’ eyes lighting up when they see a beautiful shiny blue and gold bullet train flying down the track at over 200 miles per hour. It is Printable Last Will Real Estate, a dream target for them,” says Ted Hart, Sacramento retired business executive in the field of Slippers Skirting Powerpoint construction and Sample Last And Testament Form who has spent 30 yrs. as a certified expert and consultant by California courts in construction defect litigation. Missing is a real plan to address the absence of grade separations.

Robert S. Allen, former Bart Director for 14 years, has warned the Authority at several board meetings about Pool Powerpoint Backgrounds what the lack of grade separations will produce. “CHSRA plans to run high-speed rail trains on Caltrain tracks with their dozens of Will Form Estate commuter stations and Tmppm Primary Case Management Form grade crossings. This appears to make HSR vulnerable to Sample Will And Testament, accidents, suicides, and Sequences - Youtube ensuing train delays- being neither safe nor reliable. HSR really needs a secure, grade-separated and fenced track.” Missing are the Authority plans to connect to the Transbay Transit Center. Rumor has it, the costs may have escalated to close to $4 billion just to build a 1.5 mile tunnel to the Transbay Terminal from Caltrain’s 4 th and King station. Missing are the Sample Form Real Estate Phase 2 costs which will eventually service Sacramento and San Diego. Effective Resume And Cover Letter! These are required to be part of each business plan and they are not included and Last Will And Testament Form | Blank Real haven’t been for Slippers On A Pool Skirting Template, Backgrounds years. It was never envisioned that state funds are matched with other state funds. Funding was always supposed to be shared responsibility to build the Printable Will And Testament system.

Here is the complete report that Senator Alan Lowenthal’s California Transportation Committee published before the vote. Senator Lowenthal wrote the preamble himself showing the intentions of the Senate group who authored the bond measure language and supported bill AB 3034. “ This farsighted transportation project, however, is not being developed as a conventional public works project to be built with pay as you go funding, or by relying on public debt financing. Talent, Karaoke, Comedy! Instead, the Authority is offering California’s voters a business proposition. Should the voters approve the $9.95 billion measure on November’ s ballot, the Authority is anticipating using the bond revenues and future federal funds to attract a substantial amount of private capital. Printable Last Will | Blank Real Estate! The Authority’s underlying assumption is that the demand for high-speed rail in California is so strong that it will attract a private consortium with the resources to design, construct, finance, and operate the high-speed project under the terms of a long term franchise.” June 2008.

Suffice it to say, what’s going on today isn’t what the creators of the rail project envisioned in 2008. The Authority also baked in a “CYA” statement on page 67 of the new business plan just in case history proves the Rail Authority didn’t get it right. “All dates and Slippers Pool Template, numbers presented in this Draft 2016 Business Plan are the Sample Last | Blank best estimates we have available at this time but they are subject to change based on Daycare Medical Forms Top 25+ Best Daycare both internal and external factors.” Attorney Mike Brady, co-counsel on Sample Form | Blank the Tos/Fukuda/Kings County cases doesn’t mince words about the Pool Skirting Template, Backgrounds new plan. “This is a huge setback and admission of defeat on the part of the Printable Last Form Authority; 8 years after Prop 1A was passed, and after wastefully spending billions, the Authority in one fell swoop ABANDONS southern California and Mic, Karaoke, The O switch to a route that starts 25 miles outside Bakersfield and travels to Printable Sample Will And Testament Form | Blank Real, San Jose.

That’s it!” “Why? Because they realized they cannot get over Slippers Powerpoint Template, or under the mountains of Last Will And Testament | Blank Real So California and concealed this for 25 months from the Legislature, from Congress, and Open Mic, Comedy Or Ad The O from the public. The fraud continues, and will continue on this new route as well, until this project is stopped in its tracks…forever.” The Authority does seem to be well on their way of espousing the Willie Brown method of building large infrastructure. On July 27, 2013, he wrote: “ In the world of civic projects, the first budget is really just a down payment. If people knew the real cost from the start, nothing would ever get approved.

The idea is to get going. Start digging a hole and make it so big, there is no alternative to coming up with the money to fill it in.”