us-uspto-mpep-archived-e3r20_iii•Appendix III
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Numbers agree with those in the Manual of Clerical Procedure. <!-- PageHeader="APPENDIX III" --> # FORM PARAGRAPHS 1 ## Abandonment Express (Section 711.01) Applicant's letter of express abandonment in compli- ance with Rule 138 is acknowledged. The file will be forwarded to Abandoned Files Unit. 4 Amendment Received After Period for Response Has Expired (Sections 710.02(d), 711.02, 714.17) Amt late The proposed amendment filed (date) not been entered, because it was received after expira- tion of the statutory period for response to the Office action dated (Rule 135). has The application will be forwarded to Abandoned Files Unit. 7 ## Attorney Deceased (Section 406) Atty dies The Patent Office has received notice of the death of the attorney of record. His power, as a consequence, is terminated and a copy of this action is being mailed directly to the applicant. Applicant may appoint a new attorney. ## Consular Certificate Omitted (Section 604.04(a)) Consul The oath is objected to as informal in that it lacks authentication by a diplomatic or consular officer of the United States ( Rule 66a). This informality can be overcome only by forwarding the original oath to the appropriate officer for authentication. Applicant should therefore promptly request return of the oath for this purpose. Such request must be accompanied by an order for a copy of the oath to be retained in the file. See Section 604.04 (a), MPEP. After authentication, the oath should be returned promptly to the Patent Office. The code indicia listed are suggestive of the subject matter and may more readily be kept in mind. Ab <!-- PageBreak --> <!-- PageHeader="MANUAL OF PATENT EXAMINING PROCEDURE" --> 19 # Drawings, Office Cannot Make (Section 608.02(a)) Applicant is advised to employ the services of a competent patent draftsman outside the Office because the Drafting Branch of the Patent Office does not have the facilities. at the present time, for preparing new drawings. (Section 608.02(1) ) In view of the transfer on _________ of the drawings to application Serial No. pursuant to applicant's (date) request under Rule 88. and the intention to abandon this application, the filing of the express abandonment of the instant application is required. A SHORTENED STATUTORY PERIOD FOR RESPONSE TO THIS ACTION IS SET TO EXPIRE ONE MONTH FROM THE DATE OF THIS LETTER. 21 Drawings, Transferred-Amendment Received (Section 608.02(e)) In view of the transfer on _________ of the drawings from this application to application Serial No. (date) pursuant to applicant's request under Rule 88. the proposed amendment submitted on has not been entered. ( date) 24 Drawing Mailed to Applicant (Section 608.02(x) ) On the Office Draftsman mailed a new drawing for approval and signature. (date) A SHORTENED STATUTORY PERIOD FOR SIGNING AND RETURNING THIS DRAWING IS SET TO EXPIRE TWO MONTHS FROM THE DATE OF THIS LETTER. 25 Extension of S.S.P. (Section 710.02(e)) Ext. SSP THE SHORTENED PERIOD FOR RESPONSE TO THE OFFICE ACTION OF IS EXTENDED UNTIL (date) (date) No further extension may be granted unless approved by the Commissioner. Rule 136(b). <!-- PageBreak --> <!-- PageHeader="EXAMINING OF APPLICATIONS" --> ## Interference Terminated, Unanswered Office Action (Sections 710.02 (b) and 1109.01) Interference No. ____ has been terminated by a decision favorable to applicant. Ex parte prosecution is resumed. However, this application contains an unanswered Office action. A SHORTENED STATUTORY PERIOD FOR RESPONSE TO SUCH ACTION IS SET TO EXPIRE TWO MONTHS FROM THE DATE OF THIS LETTER. 30 Oath, New Required (Sections 602.05 and 602.05 (a)) Stale oath Since more than 5 weeks plus mailing time elapsed between the date of execution of the oath and the filing of the application, a new oath is required, identifying this application by serial number and filing date, in the body thereof. Rule 65 (c). 31 Oath, Specification Omits Parent Case (Section 201.11) It is noted that this application appears to claim subject matter disclosed in applicant's prior copending application Serial No. ____ , filed __________. A refer- (date) ence to this prior application must be inserted in the specification of the present application. if applicant intends to rely on the filing date of the prior application (Rule 78). 32 ### Omnibus Claim (Section 706.03 (h)) 35 USC 112 Claim is rejected for failing to particu- larly point out and distinctly claim the invention as required by 35 U.S.C. 112. Get Atty. 33 ### Patent Attorney, Desirable (Section 401) NOTE: Do Not Use If Nothing Patentable Appears To Be Disclosed. Since the value of a patent is largely dependent upon the skillful preparation of the specification and claims. applicant may consider it desirable to employ the serv- ices of a registered patent attorney or agent. The Office cannot aid in the selection of an attorney or agent. <!-- PageBreak --> <!-- PageHeader="MANUAL OF PATENT EXAMINING PROCEDURE" --> 34 Post-Office Address P.O. (Section 605.03) The application is objected to as informal because applicant's post-office address appears incomplete in that A statement signed by applicant giving his complete post-office address is required. 35 Priority Papers (Section 201.14(c)) Priority OK Receipt is acknowledged of papers submitted under 35 U.S.C. 119, which papers have been placed of record in the file. 36 Papers Acknowledgment, Papers in Copending Application (Section 201.14(c) ) Applicant's claim for priority, based on papers filed in (parent) (copending) application Serial No. submitted under 35 U.S.C. 119, is acknowledged. 37 Priority, No Papers (Section 201.14(c)) Priority-No copy Acknowledgment is made of applicant's claim for priority based on an application filed in (country) oll It is noted, however, that applicant has not filed a certified copy of the (date) application as required by 35 U.S.C. 119. 38 Priority, Not in Oath (Section 201.14(c) ) Priority-Oath NG Receipt is acknowledged of papers filed (date based on an application filed in Applicant has not complied with the re- (country) on (date) quirements of Rule 65(a), since t' . oath does not acknowledge the filing of any foreign application. A new oath is required if priority under 35 U.S.C. 119 is sought. 40 ### Priority Papers, Outside Year (Section 201.14(c)) Receipt is acknowledged of the filing on (date) of a certified copy of the (country) application referred to in the oath. It is not seen how a claim for priority can be based on an application filed in on since the United States (country ) (date) application was filed more than one year thereafter. The certified copy is herewith returned. <!-- PageBreak --> <!-- PageHeader="EXAMINING OF APPLICATIONS" --> Quayle, Ex Parte (Sections 710.02(b)) Q Since this application appears to be in condition for allowance except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213. A SHORTENED STATUTORY PERIOD FOR RESPONSE TO THIS ACTION IS SET TO EX- PIRE TWO MONTHS FROM THE DATE OF THIS LETTER. #### 42 Residence Omitted-Case Ready for Issue (Section 605.02) Applicant's residence has been omitted from the papers. Because this application is ready for allowance, the city and state of applicant's post-office address will be presumed to be the city and state of his residence. If the above is incorrect, applicant should submit a statement of his place of residence no later than at the time of payment of final fee. 45 #### Shortened Statutory Period ( Section 710.0) A SHORTENED STATUTORY PERIOD FOR RESPONSE TO THIS ACTION IS SET TO EXPIRE MONTHS FROM THE DATE OF THIS LETTER. 48 #### Status Letter The above-identified application is expected to be reached for action on or about ( date) 56 (a) #### Venue Lacking in Oath ( Section 604.02) The oath in this application lacks the statement of venue. To correct this defect, applicant is required to furnish either a new oath in proper form. identifying the application by serial number and date of filing, or a certificate by the officer before whom the original oath was taken stating that he was within his jurisdiction when he administered that oath. 56(h) ### Venue Does Not Agree With Seal (Section 604.02) The oath in this application appears defective in that the venue does not correspond with the seal. To correct this defect. applicant is required to furnish either a new oath in proper form, identifying the application by No Res. SSP 2 or SSP 4 Status 1 (date) No Venue Venue NG <!-- PageBreak --> <!-- PageHeader="MANUAL OF PATENT EXAMINING PROCEDURE" --> serial number and date of filing, or a certificate by the executing officer before whom the original oath was taken and stating that he was within his jurisdiction when he administered that oath. 61 When Allowable, Citing Art (Section 1302.04) Put. No. Date Name Class df Subclass The above patent is cited to show the state of the art. The application is being prepared for allowance and the Notice of Allowance will be sent in due course.
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