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Old October 16th 04, 03:59 AM
J. Mc Laughlin
 
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Art has invoked my name so the genie comes forth to tell a (short) story
somewhat simplified:

A client invented a useful device. Application was made. A long time
passed. Application was rejected in a communication that contained only
English words, but that was unintelligible. Efforts were made for
clarification. "Clarifications" were unintelligible. Client fell on hard
times and could no longer pay more than court fees. Another patent attorney
and I filed an appeal a significant part of which consisted of quotations
from PTO communications. (As in engineering, when doing really serious
stuff one wants a second opinion.) A panel of three of the most senior
judges held in our favor with a chastisement (to us) for a non-traditional
presentment. Examiner appealed. Another three judge panel again held for
our side and ordered the patent to be issued. Patent was issued some five
or six years after the start of this process. Someday, the client might
pay, but is under no obligation to do so and we have the satisfaction of
having done the right thing.

I do not think that things like this happened in the PTO in the "old"
days. All of those examiners could read and write in the English language.
Many, perhaps most, saw their time in the PTO as part of an apprenticeship
not as a job.

As an aside: I admonish you not to believe the characterizations you
see on TV.

73 Mac N8TT

--
J. Mc Laughlin; Michigan U.S.A.
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