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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. Home: |
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