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In 706.07(h), XI.A. (p. 700-135, Nov. 2015): - The text references 37 CFR 1.304 (left column, bottom). However, the AIA removed and reserved that section (https://www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html#d0e326176). Would you please correct the reference? - The text does not reference MPEP 1214.07, although 1214.07 does reference 706.07(h), XI. See p. 1200-60 (Nov. 2015). Would you please add the ...more »
MPEP 2116 formerly* read: The materials on which a process is carried out must be accorded weight in determining the patentability of a process. Ex parte Leonard, 187 USPQ 122 (Bd. App. 1974). I just today noticed that 2116 has gone. Why? The change summary** that removed it says "Section removed and reserved" but does not give an explanation. If it was removed for purely logistical reasons, would you please bring ...more »
The eligibility pages at https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility and https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility-examination-guidance-date are very helpful. However, as the number of documents grows, the tedium of citing them weighs more and more heavily. Would the editors please consider including a regularly-updated ...more »
1206, I (11/2015) says: > The entry of an amendment (which may not include a new affidavit,declaration, exhibit or other evidence) submitted in an application on appeal is governed by 37 CFR 41.33, not 37 CFR 1.116. However, 37 CFR 41.33(a) states that: > Amendments filed after the date of filing an appeal ... and prior to the date a brief is filed ... may be admitted as provided in §1.116 ... . Furthermore, 1204, ...more »
In the PDF files, Subject Matter Index, Nov. 2015 (mpep-9090-subject-matter-index.pdf), the Bookmarks do not include the expandable "MPEP TOC" to provide direct access to other MPEP sections. Would you please add them? Thanks!
PPH (708.02(c), Nov. 2015) isn't mentioned by name in the Subject Matter Index. Would you please add it, and relevant other terms? For example, "highway" also isn't in the index. Thanks!
MPEP 2145, IV (Nov. 2015), at 2100-194, quotes In re Keller without explanation. The Office should expand the discussion to explain to Examiners and Applicants the scope of applicability of Keller. Keller says "[o]ne cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references." 642 F.2d 413, 426. I have seen this quote interpreted to mean that any argument ...more »
R-07.2015 has a 10/2015 publication and an 11/2015 publication. The two publications differ in substance, not merely in form. For ease and clarity of citation, I suggest the revision number match the publication date in the future. Alternatively, I suggest the MPEP be referred to primarily by a publication date (e.g., "E9 P-11.2015") rather than a revision number. I understand that presently the "R" number is the ...more »