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Oath:
A swearing to tell the truth, the whole truth and nothing but
the truth, which would subject the oath-taker to a prosecution for the
crime of perjury if he/she knowingly lies in a statement either orally
in a trial or deposition or in writing. The Director may by rule
prescribe that any document to be filed in the Patent and Trademark
Office and which is required by any law, rule, or other regulation to be
under oath may be subscribed to by a written declaration in such form as
the Director may prescribe, such declaration to be in lieu of the oath
otherwise required. Whenever such written declaration is used, the
document must warn the declarant that willful false statements and the
like are punishable by fine or imprisonment, or both.
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Objections:
If the form of the claim (as distinguished from its substance) is
improper, an "objection" is made by the examiner. If the
substance of the claim is in question it is rejected.
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Obviousness:
An invention is patentable if it would not have been obvious to one of
ordinary skill in the art at the time the invention was made.
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Office
Action: An official
communication from a patent office.
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Omnibus
Claim: Some applications are
filed with an omnibus claim which reads as follows: A device
substantially as shown and described. This claim should be rejected
under 35 U.S.C. 112,
second paragraph because it is indefinite in that it fails to point out
what is included or excluded by the claim language.
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On
Sale:
35 U.S.C. 102(b)
"contains several distinct bars to patentability, each of which
relates to activity or disclosure more than one year prior to the date
of the application. One of these is the 'on sale' one year prior to
filing a patent application.
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Open
For
Public Inspection (OPI): The date upon which a patent application is
first made available to the public.
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Opposition:
Any member of the public,
including private persons, corporate entities, and government agencies,
may file a protest against pending applications under 37 CFR 1.291. An
attorney or other representative on behalf of an unnamed principal may
file a protest since the
rule does not require that the
principal be identified.
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Ordinary Skill in the
Art: The "hypothetical 'person having ordinary skill
in the art' to which the claimed subject matter pertains would, of
necessity have the capability of understanding the scientific and
engineering principles applicable to the pertinent art." Ex
parte Hiyamizu, 10 USPQ2d 1393, 1394. |
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