tag:blogger.com,1999:blog-6733236595417664807.post5091465935081331577..comments2024-03-05T06:00:22.338-05:00Comments on All Things Pros: Prosecution gone wrongKaren G. Hazzahhttp://www.blogger.com/profile/14864564225463528630noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-6733236595417664807.post-30328076995644762062011-01-03T15:08:25.071-05:002011-01-03T15:08:25.071-05:00OMFG this thread is full of some much win and awes...OMFG this thread is full of some much win and awesome my sides hurt!!!!!!!!<br /><br /><br />"Then if a problem arose with the attorney-Examiner relationship, I'd think switching attorneys would help. But this is speculation on my part. "<br /><br />Just fyi, the attorney-examiner relationship is the applicant-examiner relationship. Unless the new attorney's tude changes then not much else is going to change over here. <br /><br />I love how they offered at the end of the AF amendment to submit an RCE for a new examiner lololol. <br /><br />"but this record demonstrates that you can still take the best designed airplane in the world and crash it into the side of a mountain "<br /><br />Lululzululzulzuzlzuzluzlulz.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-89493091734633883802010-12-29T10:44:56.212-05:002010-12-29T10:44:56.212-05:00Karen,
Great find. I've been a big advocate o...Karen,<br /><br />Great find. I've been a big advocate of interviews and even informal telephone calls to make examination more efficient ... but this record demonstrates that you can still take the best designed airplane in the world and crash it into the side of a mountain ...Patrickhttp://gametimeip.comnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-22693624010648585662010-12-28T09:47:02.089-05:002010-12-28T09:47:02.089-05:00>Exactly what Petition would you have used?
I&...>Exactly what Petition would you have used?<br /><br />I'm not a petitions expert, and there doesn't seem to be one directly on point. A petition to the Director under 1.181 is what you use when the issue isn't covered by a specific petition type. I've run across a few of these "unhappy with prosecution" petitions in various file histories, and I think they were under 1.181.Karen G. Hazzahhttps://www.blogger.com/profile/14864564225463528630noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-72094235658162649592010-12-28T09:35:33.266-05:002010-12-28T09:35:33.266-05:00>why would the examiner's interview identif...>why would the examiner's interview identify <br />>certain references.<br /><br />Looks like I was too zealous in my editing of the Examiner's Interview Summary. I've revised the post to include more of the text. <br /><br />You can now see that the reference under discussion was used in a 102 rejection. And that the Examiner agreed the amendment would distinguish over the reference. <br /><br />The anticipation rejection was the only prior art rejection. Perhaps the other two refs mentioned were "of record but not relied upon". <br /><br />>(almost always) unreasonable to ask that <br />>examiner not rely upon a piece of art <br />>with a 103 rejection.<br /><br />Agreed. If Ref A teaches X and applicant adds Y to distinguish, then I'd be surprised if the next rejection was *not* a 103 with Ref A teaching X and Ref B teaching Y.Karen G. Hazzahhttps://www.blogger.com/profile/14864564225463528630noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-81953089124938688132010-12-27T19:48:09.558-05:002010-12-27T19:48:09.558-05:00bribery versus extortion -- two sides of the same ...bribery versus extortion -- two sides of the same coin ... just a little quid pro quo, which (unfortunately) has being going on at the USPTO for a very long time.<br /><br />The interesting question is why would the examiner's interview identify certain references. Were they of record? Were they relied upon in a rejection. Why were they part of the discussion? Regardless, if the examiner had already considered a reference, the examiner should be able to tell an applicant whether or not a proposed amendment would overcome a 102 rejection. Also, it is (almost always) unreasonable to ask for that examiner not rely upon a piece of art with a 103 rejection.<br /><br />By writing what this examiner wrote in the Interview Summary, this examiner has shown himself/herself to be none too bright. It is a small world, and it doesn't pay to make enemies.<br /><br />Regardless, both this examiner and attorney need to be more careful and more professional.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-72752622528540774082010-12-27T10:55:18.839-05:002010-12-27T10:55:18.839-05:00>Does it really matter if you record the call?
...>Does it really matter if you record the call?<br /><br />Well, it's evidence of what really happened, right? Would be good to have evidence, rather than just your side of what happened, if you decide to take this matter up with the Examiner's boss, or the guy above the boss, etc.Karen G. Hazzahhttps://www.blogger.com/profile/14864564225463528630noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-40020830210868174612010-12-27T10:52:34.440-05:002010-12-27T10:52:34.440-05:00>Changing the attorney made no difference.
Int...>Changing the attorney made no difference.<br /><br />Interesting. I would think that Examiners associate applications with attorneys, not with assignees or inventors. Then if a problem arose with the attorney-Examiner relationship, I'd think switching attorneys would help. But this is speculation on my part.Karen G. Hazzahhttps://www.blogger.com/profile/14864564225463528630noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-7236357427584350922010-12-27T09:24:46.747-05:002010-12-27T09:24:46.747-05:00Does it really matter if you record the call? All...Does it really matter if you record the call? All the examiner has to do is say "wooops, my bad"...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-57451678644600679502010-12-27T00:39:04.744-05:002010-12-27T00:39:04.744-05:00And this is why I am happy I live in a 1-party con...And this is why I am happy I live in a 1-party consent state.<br />ALL of my Examiner Interviews are recorded. It is impolite that I don't tell them, but not illegal where I live.<br />.<br />Exactly what Petition would you have used?<br />.<br />I had a case like this which started with my boss and the Examiner yelling at each other. <br />Needless to say this lead to what I called "Examination in Bad Faith", via what was clearly a series of dishonest Catch-22 rejections. Changing the attorney made no difference.<br />I wanted to appeal the Catch-22 rejections and make obvious the Examiner's behavior. However, my new boss gave me the "might makes right" speech and decided to abandon the case.<br />.<br />As I said, since then I have recorded every call with the Examiners.Anonymousnoreply@blogger.com