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Best Way/Least Effort to Continue Prosecution of Final OA at 6 Month Mark
Posted by Anonymous . updated on 10/20/2009
I have a client who started the patent process (utility) about 4 years ago. We are currently under final rejection with the 6-month deadline being this coming friday.
The client hasn't paid his bills in over 3 years, but is the son of a friend, so i haven't withdrawn. The right way to continue the case is to interview the examiner and I have an associate in DC who will be perfect, but we're out of time and the client can only afford to pay the extension and filing fees (barely).
My question is this: my goal is to extend the prosecution so the client can (hopefully) raise enough money to pay the DC associate (and me) and properly either argue the case or file an appeal. But i don't really have any new arguments to make in response to the examiner's -20 page- Final OA.
So, is it better to file an RCE or simply file a Continuation, and if i file a Continuation (for example) do i still need to reply to each page of the previous 20page OA? (i actually have paying clients and don't have 20 hours to put into the case, for free, right now)... in other words, i would like to keep things pending while doing the least amount of work (right now...we'll have to do the real heavy lifting eventually, but right now we don't have the resources)
all advice much welcome!
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Answers (1)
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Sanaa T...
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Hi there,
It sounds as if filing an RCE may be the best option you have. Although the PatentExpress Q&A Forum is no substitute for legal advice, you may contact our team on Toll-free: (877)-794-9511 Monday to Friday 9 am to 6 pm or mail us at customer.service@patentexpress.com
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