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| Terms: |
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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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