MPEP Q & A 12: Two Separate and Distinct Requirements for 35 U.S.C. 112(b)

MPEP Q & A 70: Three Separate and Distinct Requirements of the Specification: Question: What are the three separate and distinct requirements required of the specification by 35 U.S.C. 112(a) and pre-AIA 35 U.S.C. 112, first paragraph? Answer: 35 U.S.C. 112(a) and pre-AIA 35 U.S.C. 112, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 132: What are the Three Separate and Distinct Requirements of the First Paragraph of 35 U.S.C. 112?: Question: What are the three separate and distinct requirements of the first paragraph of 35 U.S.C. 112? Answer: 35 U.S.C. 112(a) and pre-AIA 35 U.S.C. 112, first paragraph require that the specification include the following three separate and distinc... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 112: What Does 35 U.S.C. 102(a)(2) Provide?: Question: What does 35 U.S.C. 102(a)(2) provide? Answer: AIA 35 U.S.C. 102(a)(2) provides that a person is not entitled to a patent if the claimed invention was described in a patent issued under 35 U.S.C. 151, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 11: Items Required in an Appeal Brief: Question: List two items which are required in an appeal brief. Answer: The specific items required in an appeal brief are: (i) Real party in interest. (ii) Related appeals, interferences, and trials. (iii) Summary of claimed subject matter. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 27: Difference Between AIA 35 USC 102(c) and the CREATE Act: Question: What are the major differences between AIA 35 U.S.C. 102(c) and the CREATE Act? Answer: The major differences between AIA 35 U.S.C. 102(c) and the CREATE Act are that: the AIA provision is keyed to the effective filing date of the claimed inv... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 150: Triggering of On-Sale Bar of Pre-AIA 35 U.S.C. 102(b): Question: When is the on-sale bar of pre-AIA 35 U.S.C. 102(b) triggered? Answer: The on-sale bar of pre-AIA 35 U.S.C. 102(b) is triggered if the invention is both: The subject of a commercial offer for sale not primarily for experimental purposes and R... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 20: Details of Substantial New Question of Patentability: Question: What should a substantial new question of patentability not be based upon? Answer: A substantial new question cannot be based upon: prior art expressly relied upon by the examiner during the prosecution prior art which was actually discussed ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 125: Reasons Why a Petition Filed Under 35 U.S.C. 321 May be Considered: Question: 35 U.S.C. 322 covers petitions involved in post-grant reviews. 35 U.S.C. 322(a) provides that a petition filed under 35 U.S.C. 321 may be considered. List two reasons why a petition filed under 35 U.S.C. 321 may be considered. Answer: 35 U. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 97: Nonstatutory Double Patenting Rejection Made Under Obviousness Analysis: Question: What must any nonstatutory double patenting rejection made under the obviousness analysis make clear? Answer: Any nonstatutory double patenting rejection made under the obviousness analysis should make clear: (A) The differences between the i... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 37: Non-Structural Generic Placeholders Invoking 35 USC 112(f): Question: List 2 non-structural generic placeholders that may invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, paragraph 6. Answer: The following is a list of non-structural generic placeholders that may invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 48: Type of Issues Triggering Rejections: Question: Name one type of issue that may trigger a rejection. Answer: Rejections are usually made due to issues with one of the following: unpatentable subject matter or lack of utility (35 U.S.C. 101) issues with novelty (35 U.S.C. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 253: What must a claim in dependent form contain?: Question: What must a claim in dependent form contain? Answer: A claim in dependent form shall contain: (i) a reference to a claim previously set forth, and (ii) then specify a further limitation of the subject matter claimed. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 3: Significant Differences Between Nonprovisional and Provisional Applications: Question: List two significant differences between nonprovisional applications and provisional applications. Answer: The following list includes significant differences between nonprovisional applications and provisional applications: No claim is requi... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 239: Can a patent owner avoid double patenting by disclaiming the earlier patent?: Question: Can a patent owner avoid double patenting by disclaiming the earlier patent? Answer: “[A] patent owner cannot avoid double patenting by disclaiming the earlier patent.” Chapter Details: The answer to this question can be found in chapter 800 ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 251: Benefits of filing a nonprovisional application claiming the benefit of the filing date of the provisional application under 35 U.S.C. 119(e): Question: What are the benefits of filing a nonprovisional application claiming the benefit of the filing date of the provisional application under 35 U.S.C. 119(e) rather than requesting conversion? Answer: Claiming the benefit of the provisional appl... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 267: What are the four purposes 35 U.S.C. 101 has been interpreted as imposing?: Question: What are the four purposes 35 U.S.C. 101 has been interpreted as imposing? Answer: 35 U.S.C. 101 has been interpreted as imposing four purposes. First, 35 U.S.C. 101 limits an inventor to ONE patent for a claimed invention. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 65: Underlying Factual Inquiries of Obviousness: Question: List one of the underlying factual inquiries of obviousness. Answer: The factual inquiries enunciated by the Court are as follows: Determining the scope and content of the prior art; and Ascertaining the differences between the claimed invent... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 25: Conditions for First Application to be Granted a Notice of Allowance: Question: Under what conditions will a first application usually be granted a Notice of Allowance and become a patent in spite of a second application with potentially interfering claims? Answer: A first application will usually be granted a Notice of ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 92: Statutory Requirements to be Met Before Certificate of Correction for an Applicant’s Mistake to Issue: Question: What are the two statutory requirements that must be met before a Certificate of Correction for an applicant’s mistake to issue? Answer: Two separate statutory requirements must be met before a Certificate of Correction for an applicant’s mis... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 206: Requirements for an Applicant to Rescind Nonpublication Requests: Question: What are the requirements for an applicant to rescind a nonpublication request? Answer: The applicant may rescind a nonpublication request at any time. A request to rescind a nonpublication request must: Identify the application to which it i... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 222: What are the Three Conditions That Must be Satisfied …?: Question: AIA 35 U.S.C. 102(c) provides three conditions that must be satisfied in order for subject matter disclosed which might otherwise qualify as prior art, and a claimed invention, to be treated as having been owned by the same person or subject ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 155: Statutes That Grounds for Post-Grant Review May be Raised For: Question: List two statutes that grounds for post-grant review may be raised for. Answer: Grounds for post-grant review include grounds that could be raised under 35 U.S.C. 102 or 103 including those based on prior art consisting of patents or printed ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 162: When is a 35 U.S.C. 102 Rejection with Multiple References Proper?: Question: When is a 35 U.S.C. 102 rejection with multiple references proper? Answer: A 35 U.S.C. 102 rejection over multiple references has been held to be proper when the extra references are cited to: Prove the primary reference contains an “enabled ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 144: What Should a Subject Matter Eligibility Rejection Under Step 2 Do?: Question: What should a subject matter eligibility rejection under Step 2 do? Answer: A subject matter eligibility rejection under Step 2 should: Identify the judicial exception by referring to what is recited (i.e., by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 294: What are the two aspects every requirement to restrict has?: Question: What are the two aspects every requirement to restrict has? Answer: Every requirement to restrict has two aspects: the reasons (as distinguished from the mere statement of conclusion) why each invention as claimedis either independent or dist... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 75: Duty of Disclosure in Reexamination Proceedings: Question: Who does the duty of disclosure in reexamination proceedings apply to? Answer: The duty of disclosure in reexamination proceedings applies to the patent owner; to each attorney or agent who represents the patent owner, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 217: What are the Section 42.23 paragraph (b) Amendments?: Question: What was Section 42.23 paragraph (b) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board? Answer: Section 42.23 is amended by revising paragraph (b) to read as follows... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 278: Claiming the benefit of a provisional application: Question: What does a petition under 37 CFR 1.78(b) require? Answer: A petition under 37 CFR 1.78(b) requires: (A) the reference required by 35 U.S.C. 119(e)and 37 CFR 1.78 to the prior-filed provisional application, by Patent Bar MPEP Q & A Podcast

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Solar Tech Talk, Episode 2: BYD’s B-Box Benefits; The Science of Battery Safety and Testing; Our New Storage Comparison Doc: In this episode we focus on batteries and storage – including BYD's B-Box residential battery, battery safety and testing requirements for manufacturers, and our new Storage Comparison chart summarizing relative performance numbers side-by-side. by BayWa r.e. Solar Systems

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MPEP Q & A 186: Name Types of Patents that May Not Use 37 C.F.R. 1.114: Question: Name two types of patents that may not use the provisions of 37 C.F.R. 1.114. Answer: The provisions of 37 C.F.R. 1.114 do not apply to the following types of patents: design patent applications provisional applications applications filed bef... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 12: Two Separate and Distinct Requirements for 35 U.S.C. 112(b)

MPEP Q & A 12: Two Separate and Distinct Requirements for 35 U.S.C. 112(b)

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