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Patents & Trademarks Questions for final

Can a multi-class application be divided after receipt of a Final OA?
In Trademark    -  updated on 2/26/2009
Post Final OA issuance, can a multi-class, use-based application be divided out into two applications - two classes remaining as use-based and one class reassigned as an ITU?  The non-final action state...   Read More Answer this question   Answer Answer this question
Final refusal?
In Trademark    -  updated on 2/26/2009
I have received a final refusal for an application because of "likelihood of confusion" with another registration that is close but not the same as mine.  I don't think there will be confusion...   Read More Answer this question   Answer Answer this question
Non Final Office Action
In Trademark    -  updated on 2/26/2009
Hello,
I have a intent to use application for a mark I am using on my e-commerce web site. I received a non-final action letter stating it is similarly confusing with another mark. I don't agree and thin...   Read More Answer this question   Answer Answer this question
Final Refusal to Register - When can I step in?
In Trademark    -  updated on 2/26/2009
Current Status: An office action making FINAL a refusal to register the mark has been mailed.  Filing basis is 1(b).  Note: the mark has never been used in commerce by this company at any time sinc...   Read More Answer this question   Answer Answer this question
After-Final Practice
In Patent Process    -  updated on 2/26/2009
C'mon, guys! 100 page views in one day, but only 2 votes and 2 comments?  I can understand a busy practitioner not taking the time to comment, but all it takes is another mouse click (Amazon, anyon...   Read More Answer this question   Answer Answer this question
Amendment after final rejection - Limiting Markush group elements
In Patent Process    -  updated on 2/26/2009
After receiving a final rejection, I met with my examiner and we agreed that in each of two dependent claims which had Markush groups there was one of the group elements that overcame prior art. My position ...   Read More Answer this question   Answer Answer this question
Examining another species after the restriction requriement was made final.
In Patent Process    -  updated on 2/26/2009
I had an interview with an Examiner who agreed to examine another species after the restriction requriement was made final.  To obviate prior art, I need to amend my independent claim to require this ot...   Read More Answer this question   Answer Answer this question
After final response v/s RCE
In Patent Process    -  updated on 2/26/2009
Hi,  I have certain doubts about filing an AF response v/s filing an RCE.  After receicing a final OA, I believe there is a reasonable chance of getting the independent claims allowed by argument (...   Read More Answer this question   Answer Answer this question
Final Office Action - withdrawn - or not?
In Patent Process    -  updated on 2/26/2009
Any help with the following case is appreciated:

1. Pro-se applicant prosecuted application up to a final rejection (Sept 07).
2. Applicant then decides to seek professional help.  Inte...   Read More Answer this question   Answer Answer this question
Strategy after Final / Examiner
In Patent Process    -  updated on 2/26/2009
History:  
    1) Examiner initially rejected claims over a first reference;
    2) We slightly amended independent claims to clarify one limitation and argued th...   Read More Answer this question   Answer Answer this question
Non final actions - 3 questions
In Patent Process    -  updated on 2/26/2009
Hi,
A few questions about responding to a non-final action:

1. In a non-final action, all my claims were rejected - under 35 USC 103(a). There are two independent claims and about a dozen dep...   Read More Answer this question   Answer Answer this question
After final office action...
In Patent Process    -  updated on 2/26/2009
I'm a pro se applicant and received my final office action.

The examiner rejected my claims based on 112, but offered language to bring my claims into acceptance.

A) I spoke to the...   Read More Answer this question   Answer Answer this question
Final Office Action
In Patent Process    -  updated on 2/26/2009
I received a final office action rejecting my claims.  I understand my options to be:

1. RCE
2. Appeal
3. Abandon

If I respond to the final office action within the statutory time, d...   Read More Answer this question   Answer Answer this question
Withdrawal of Non-Final Office Action
In Patent Process    -  updated on 2/26/2009
I responded to a non-final office action during the summer.  The examiner withdrew that office action and issued a new non-final one.  Does anyone know the statutes that say that the examiner can d...   Read More Answer this question   Answer Answer this question
Amendment after final or RCE or both
In Patent Process    -  updated on 2/26/2009
Hello,

I received a 2nd OA that rejected all claims (as obvious) and was marked final. After much trying, I was able to reach the examiner on the phone and asked him if he saw any patentable material ...   Read More Answer this question   Answer Answer this question
After Final No Claim Amendments
In Patent Process    -  updated on 2/26/2009
Quick ?.  I have a Final Office Action that is based upon clearly erroneous reasoning by the Examiner.  I am thinking about responding with arguments in an Amenmdent After Final and seeing if the E...   Read More Answer this question   Answer Answer this question
When can a continuation 1st OA be final?
In Patent Process    -  updated on 2/26/2009
I am looking at 706.07(b) and it seems that a first Office Action of a continuation application can be made final if claims in the continuation are identical to the previous application which only received o...   Read More Answer this question   Answer Answer this question
amendment after final vrs RCE
In Patent Process    -  updated on 2/26/2009
any advice here greatly appreciated

I rec'd a final response where the thrust of the rejection was " the rejected claims fail to disclose the limitations'.  Upon discussion with the examiner...   Read More Answer this question   Answer Answer this question
Species election and Amendment after final
In Patent Process    -  updated on 2/26/2009
Hi,

I am filing a response to an amendment after final.  Typcally in these cases, I cancel all withdrawn claims.
In this case, my withdrawn claims were withdrawn due to a species election.
...   Read More Answer this question   Answer Answer this question
Pendency after final rejection
In Patent Process    -  updated on 2/26/2009
Here's the situation:

After final rejection, into extension, let's say in the 5th month.   I don't care to respond and will either let it go abandoned or expressly abandon it.

I would like...   Read More Answer this question   Answer Answer this question
 
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