QiYao-Wang/IPEval huggingface dataset:
Question: You are a registered practitioner and you have filed a patent application in the PTO on behalf of your client, Wannaberich, on January 7, 1998. In the first Office action, the examiner made a restriction requirement. Although your client disagrees with the restriction, you have made a provisional election with traverse and vehemently argue the restriction requirement. In the next Office action, the restriction is made final and an action on the merits follows. The application is eventually allowed. The client now wants to pursue the non-elected invention. You file a divisional application directed to the non-elected invention before the parent application issues as a patent. In the first Office action in the divisional application, the examiner rejects the claims on the grounds of obviousness-type double patenting over the patent which issued from the parent application. What should be the most appropriate reply to the rejection?
A. File a terminal disclaimer to obviate the double patenting rejection.
B. Amend the claims in the pending application to overcome the rejection.
C. File a 37 CFR § 1.132 antedating affidavit.
D. Request reconsideration and point out that it is improper to use the parent patent in an obviousness-type double patenting rejection when a restriction requirement has been made by the examiner in the parent application.
(category: patent, Chinese translation: 专利)
Question: Petitions under 37 CFR § 1.48 are generally decided by the primary examiner except:
A. When the application is involved in an interference.
B. When the application is a national stage application filed under 35 U.S.C. § 371.
C. When accompanied by a petition under 37 CFR § 1.183 requesting waiver of a requirement under 37 CFR § 1.48(a) or (c), e.g., waiver of the statement of lack of deceptive intent by an inventor to be added or deleted, or waiver of the reexecution of the declaration by all of the inventors.
D. When a second conversion under 37 CFR § 1.48(a) is attempted.
(category: patent, Chinese translation: 专利)
Question: The examiner determined that amended Claim 1 contains new matter and rejected amended Claim 1. The claim was added by an amendment which was filed after the filing date of the application. Which of the following identifies the proper basis for the rejection of amended Claim 1 and the action which should be taken by the applicant to overcome the rejection?(I) Claim 1 is rejected under 35 U.S.C. § 112, first paragraph. Applicant should amend the specification to include the new matter therein so as to provide antecedent support for the claim. (II) Claim 1 is rejected under 35 U.S.C. § 132. Applicant should cancel the claim. (III) Claim 1 is rejected under 35 U.S.C. § 112, first paragraph. Applicant should cancel the claim. (IV) Claim 1 is rejected under 35 U.S.C. § 132. Applicant should file a declaration in accordance with 37 CFR § 1.63.
A. (I)
B. (II)
C. (III)
D. (IV)
(category: patent, Chinese translation: 专利)
Question: Which of the following phrases, when appearing in a claim, would render the claim indefinite?
A. A claim to a bicycle that recited "said front and rear wheels so spaced as to give a wheelbase that is between 5x percent and 75 percent of the height of the rider that the bicycle was designed for."
B. A claim limitation specifying that a certain part of a pediatric wheelchair be "so dimensional as to be insertable through the space between the doorframe of an automobile and one of the seats."
C. A claim limitation defining the stretch rate of a plastic as "exceeding about 10% per second."
D. (A) and (B).
(category: patent, Chinese translation: 专利)
Question: B filed a patent application on March 31, 1997, for an ice cream machine. Discovering an added feature that improved productivity, B filed a CIP application on May 14, 1997. Thereafter, B abandoned the application filed on March 31, 1997. On June 30, 1998, a patent was granted to B fbr his invention in the CIP application. On March 1, 1999, B realizes that he is claiming less than he is entitled to in view of the added feature in the CIP application. B is worried that this will hurt his upcoming negotiations to assign his patent rights to Mega Corporation. B comes to you, a registered patent practitioner, on March 2, 1999, for advice regarding how to file an application for reissue.What is the latest date that B can file an application for reissue and be entitled to seek enlargement of the scope of the claims of the original patent?
A. 962236800000
B. 926640000000
C. 922838400000
D. 962323200000
(category: patent, Chinese translation: 专利)
Question: B filed a patent application on March 31, 1997, for an ice cream machine. Discovering an added feature that improved productivity, B filed a CIP application on May 14, 1997. Thereafter, B abandoned the application filed on March 31, 1997. On June 30, 1998, a patent was granted to B fbr his invention in the CIP application. On March 1, 1999, B realizes that he is claiming less than he is entitled to in view of the added feature in the CIP application. B is worried that this will hurt his upcoming negotiations to assign his patent rights to Mega Corporation. B comes to you, a registered patent practitioner, on March 2, 1999, for advice regarding how to file an application for reissue. What documents must be filed as part of B's application for reissue in order to be granted a filing date? (I) Reissue Oath or Declaration. (II) An offer to surrender. (III) Filing fee. (IV) Written Consent of Mega Corp. (V) A specification, claims and any required drawings.
A. (I), (II), (III), (IV), and (V)
B. (I), (II), (III), and (V)
C. (I), (III), and (V)
D. (V)
(category: patent, Chinese translation: 专利)
Question: The claims in an application filed on behalf of McTeal were rejected as being unpatentable under 35 U.S.C.  103 over Gage in view of Nell. McTeal gave you, a registered practitioner, power of attorney to prosecute her application. Which one of the following items of information available to you would be relevant to overcoming the rejection of the claims without modifying or amending the claims?
A. Gage and Nell do not teach or suggest feature A of McTeal's invention which is set forth in each of the drawings and in the working examples in McTeal's application, but which is not recited in any of the rejected claims.
B. In the opinion of Billy, a noted expert in the field, MoTeal's invention is patentable because it has revitalized the industry and Billy has nominated McTeal to receive the prestigious Phrog Foundation Award for Excellence.
C. McTeal's invention can be shown to possess unexpected superior properties over the prior art.
D. Gage was published 50 years before Nell and therefore contains no specific reference to Nell suggesting that his invention can be modified in the manner suggested by the Examiner.
(category: patent, Chinese translation: 专利)
Question: Which of the following must be filed to obtain a filing date for a Continued Prosecution Application? (I). A copy of the originally filed specification, claims and drawings. (II). A newly executed oath or declaration signed by all the originally named inventors. (III). The filing fee. (IV). A request, on a separate paper, for an application under 37 CFR § 1.53(d) in compliance with that paragraph.
A. (I), (II), and (III)
B. (I)
C. (I), (II), (III), and (IV)
D. (IV)
(category: patent, Chinese translation: 专利)
Question: Patent practitioner Luke filed a patent application in the PTO on behalf of his client Vader which contained three original claims directed to Vader's invention and which were fully supported by the specification. The three original claims read as follows: 1. A widget comprising A, B, and C. 2. A widget as claimed in Claim 1 wherein C further comprises D. 3. A widget as claimed in Claim 1 and 2 wherein B is BB. The examiner issued a rejection of Claim 3 under 35 U.S.C. § 112, second paragraph, citing the improper dependency of the claim. In the absence of issues of supporting disclosure, which of the following proposed amendments will overcome the rejection?
A. Cancel Claim 3 and substitute the following claim: 3.(Amended) A widget as claimed in claim 1 or 2 wherein B is BB
B. 3. (Amended) A widget as claimed in any one of Claims 1 and 2 wherein B is BB.
C. 3. A widget as claimed in Claims 1 and 2 wherein B is BB.
D. Cancel Claim 3 and substitute the following Claim: 4. A widget as claimed in Claims 1 or 2 wherein B is BBB
(category: patent, Chinese translation: 专利)
Question: You are a registered practitioner and Henry has come to you to determine whether he has a patentable invention. He discloses to you that he has developed a composition that can be used as bait for a conventional mousetrap. He explains to you that his composition is so effective that one need only wait minutes to lure mice to the trap. You explain to Henry that you cannot give a patentability opinion until after a preliminary search has been made of the prior art. You have a search made and find that Henry's composition is a well known pork barrel lubricant that has been in public use for over 20 years. What should be your advice to Henry?
A. File a U.S. patent application claiming the composition as mouse bait.
B. File a U.S. patent application with claims directed to a method of using the composition as bait.
C. Explain that it would be impossible for any claims to the process of using the composition as mouse bait to be allowed under the current guidelines of the PTO.
D. File a provisional patent application directed only to the composition in order to gain a competitive advantage for one year. Within one year of filing the provisional application, recommend that Henry file a nonprovisional application claiming the composition.
(category: patent, Chinese translation: 专利)
Question: Your client has invented a widget consisting essentially of an amplifier having a voltage of 100 to 300 amps, preferably 250 amps, and a woofer having a wattage of 400 to 450 watts, preferably 425 watts. You draft a patent application directed to your client's invention and satisfying the requirements of 35 U.S.C. § 112. You draft the following independent claim: 1. A widget consisting essentially of an amplifier having a voltage of 100 to 300 amps, and a woofer having a wattage of 400 to 450 watts. Which of the following would not be a proper dependent claim if presented as an original claim in the application when the application is filed in the PTO?
A. 2. The widget of Claim 1 wherein the amplifier has a voltage of up to 300 amps
B. 2. The widget of Claim 1 wherein the woofer has a wattage of 425 to 450 watts.
C. 2. The widget of Claim 1 wherein the amplifier has a voltage of 300 amps and the woofer has a wattage between 430 and 450 watts.
D. 2. A widget of Claim I further comprising an amplifier having a voltage of at least 250 amps and a woofer having a wattage of at least 425 amps.
(category: patent, Chinese translation: 专利)
Question: Abigail has invented a novel watering mechanism for a flower pot. The flower pot also possesses a unique ornamental design. Abigail consults with patent practitioner P for advice on the differences between a design patent and a utility patent. Which of the following general statements regarding design and utility patents, if made by P, would be accurate?
A. A "utility patent" protects the way an article is used and works, while a "design patent" protects the way an article looks.
B. Unlike utility patent applications, a design patent application may not make a claim for priority of a provisional patent application.
C. Maintenance fees are required for utility patents, while no maintenance fees are required for design patents.
D. Both design and utility patents may be obtained on an article if the invention resides both in its utility and ornamental appearance.
(category: patent, Chinese translation: 专利)
Question: A patent application filed in the PTO claims a nylon rope coated with element E for the purpose of preventing breakage of the rope. In the first Office action, the examiner rejects the claim as obvious over P in view of a trade journal publication, T. P teaches a nylon rope coated with resin for the purpose of making the rope waterproof. T teaches a nylon tent fabric coated with element E for the purpose of making the tent waterproof, and suggests the use of element E for making other nylon products waterproof. Following proper PTO practices and procedures, the combination of P and T:
A. cannot support a prima facie case of obviousness because T lacks a suggestion to combine with P for the purpose of preventing breakage in nylon rope.
B. cannot support a prima facie case of obviousness because P lacks a suggestion to combine with T for the purpose of preventing breakage in nylon rope.
C. cannot support a prima facie case of obviousness because T only contains a suggestion to combine with P for the purpose of waterproofing nylon rope.
D. can support a prima facie case of obviousness, even though T only contains a suggestion to combine with P for the purpose of waterproofing nylon rope.
(category: patent, Chinese translation: 专利)
Question: Beverly is a research chemist. While cleaning a clogged shower drain she recovers several ounces of goop from the drain. She analyzes the ingredients and properties, and finds that the goop makes a highly effective industrial lubricant. She comes to you for help in preparing and filing an application. She informs you that the goop is formed from equal parts of chemicals W, X, Y and Z. She knows that chemical W comes from the soap she uses and that chemicals Y and Z are components of the conditioner she uses on her hair. Her soap uses the tradename "Acme SmellNice", and her shampoo and conditioner both use the tradename "A-1 Silky." Chemicals W, Y and Z are all readily available on the commercial market. Chemical X is also a common, readily available chemical, but she cannot determine how it got in the shower drain. She suspects it is the result of a reaction between A-1 Silky shampoo and Acme SmellNice soap that occurs when the two are mixed in the presence of hot water. You prepare an application describing a prophetic example setting forth one way to make the goop from commercially available chemicals and a working example describing (as well as the inventor can) how the goop is formed in the bathroom drain. The working example describes mixing of A-1 Silky shampoo and Acme SmellNice soap in the presence of water having a temperature of at least 100掳F to form chemical X. Because you know that the ingredients for at least Acme SmellNice soap have recently changed, but the nature of the change is unknown, you list every ingredient of A-1 Silky shampoo, and Acme SmellNice soap in positive language so there will be no confusion as to what is meant. The application includes the following claims: Claim 1. An industrial lubricant consisting essentially of equal parts of chemical W, chemical X, chemical Y and chemical Z. Claim 2. The industrial lubricant of Claim 1, wherein said chemical X is formed by mixing A-1 Silky shampoo and Acme SmellNice soap in the presence of water having a temperature of at least 100掳F. Which of the following statements is/are correct?
A. Claim 1 cannot be supported by an enabling specification because Beverly does not fully understand the processes that occurred in the drain, and a prophetic example alone is never sufficient to enable a claim.
B. Claim 2 is not patentable because it sets forth an incorrect theory of formation of chemical X.
C. Claim 1 is not patentable because Beverly merely found the goop in her drain and did not formulate it herself.
D. Claim 2 is not patentable because it is indefinite.
(category: patent, Chinese translation: 专利)
Question: Jack, a registered patent agent, received a final rejection of all of the claims in an application directed to an article of manufacture. Jack is about to file a timely Notice of Appeal to the Board of Patent Appeals and Interferences. Before filing his notice of appeal, Jack would like to tie up some loose ends by amendment. Which of the following reply(replies) may he file without triggering the requirements of 37 CFR § 1.116(b)?
A. A reply that presents his argument in a more defensible light and adds additional claims.
B. A reply amending the claims into process claims.
C. A reply amending all of the independent claims, accompanied by a declaration from the inventor.
D. A reply complying with a requirement of form expressly set forth in the previous Office action.
(category: patent, Chinese translation: 专利)
Question: You are preparing a patent application for filing in the PTO. The application contains the following partial claim: A walking device comprising: (i) a vertical member having opposing top and bottom portions; (ii) a handle connected to the top portion of the vertical member forming a 45螘 angle with the top portion of the vertical member; (iii) (iv) a set of non-skid covers for the set of legs, said set of legs being aluminum. Following proper PTO practices and procedures, which of the following claim limitations best completes the claim by providing the missing limitation (iii)?
A. a horizontal member, substantially round in shape, having opposing sides connected along one of the opposing sides to the bottom side of the vertical member and along the other of the opposing sides to a set of legs; and
B. a horizontal member, substantially round in shape, having first and second opposing sides connected along the first opposing side to the bottom side of the vertical member and along the second opposing side to a set of legs; and
C. a horizontal member, substantially round in shape, connected to the bottom portion of the vertical member; and
D. a horizontal member, substantially round in shape, having opposing top and bottom portions; the top portion of the horizontal member is connected to the bottom portion of the vertical member, and the bottom portion long the bottom portion of the vertical member is connected to a set of legs;
(category: patent, Chinese translation: 专利)
Question: Which of the following statements, regarding amendments filed after final rejection in a timely manner, is correct?
A. Amendments touching upon the merits of the application presented after final rejection shall be entered upon payment of the proper fee and a showing of good and sufficient reasons why they are necessary and were not earlier presented.
B. An amendment filed after final rejection is entitled to entry if it amends only the claims that were finally rejected.
C. Amendments after final rejection may be made canceling claims or complying with any requirement of form expressly set forth in the final Office action.
D. An amendment after final rejections is entitled to entry if it cancels claims and adds new claims that clearly set forth a previously unclaimed embodiment of the invention.
(category: patent, Chinese translation: 专利)
Question: In which of the following situations, considered independently of each other, is the original, new, or amended claim supported in the application as filed?
A. An amendment to the specification changing the definition of "holder" from "is a hook" to "is a hook, clasp, crimp, or tong" and no amendment is made of the claim, which uses the term "holder." The amendment is filed one month after the application was filed. There was no previous supporting disclosure in the specification of the holder being a clasp, crimp, or tong.
B. An amendment to the specification and claims changing the definition of "holder" from "is a hook" to "is a hook, clasp, crimp, or tong." The amendment is filed one month after the application was filed. There was no previous supporting disclosure in the specification of the holder being a clasp, crimp, or tong.
C. Original claim 1 in the application refers to "a holder," and original claim 2 depends from and refers to claim 1 stating, "said holder is a hook, clasp, crimp, or tong." There is no disclosure in the specification preceding the claims in the application as filed for the holder to be a clasp, crimp, or tong.
D. An amendment is filed presenting a claim to an electrical insulating device, copied from a patent for the purpose of provoking an interference. The claim refers to "nonconductive plastic holder." The application as filed contains a broad generic disclosure describing electrical insulating devices. The holder is described in the specification of the application as "conducting electricity." There is no disclosure in the specification of the holder being "nonconductive."
(category: patent, Chinese translation: 专利)
Question: An application as originally filed contains the following Claim 1: A doughnut making machine comprising: (i) an input conveyor that receives dough to be used in making said doughnuts; (ii) portioning means for portioning dough from said input conveyor into a plurality of dough balls, each of said plurality of balls containing dough sufficient to create a single doughnut; (iii) forming means for forming each of said dough balls into a ring of dough; (iv) a deep fat fryer which receives rings of dough from said forming means and cooks said rings of dough; (v) applying means for selectively applying a flavored coating on cooked rings of dough to produce doughnuts; and (vi) placing means for placing a plurality of said doughnuts on a flat sheet. The specification adequately describes the claimed subject matter. Two different "means for selectively applying" are described in the specification: a sprayer and a brush. Which of the following original claims is an improper dependent claim?
A. 2. The doughnut making machine of Claim 1, wherein said placing means is a conveyor that extends from said applying means to said flat sheet.
B. 3. The doughnut making machine of Claim 1, wherein said forming means includes a cutter that removes a center portion of each of said dough balls to form a ring of dough.
C. 4. The doughnut making machine of Claim 1, wherein said applying means is omitted for making plain doughnuts.
D. 5. The doughnut making machine of Claim 1, wherein said applying means includes a sprayer which receives a sugar based flavored coating, wherein said sugar based flavored coating is sprayed on said cooked rings of dough.
(category: patent, Chinese translation: 专利)
Question: Which of the following dependent claims, each occurring in different patent applications, is in a proper claim format?
A. Claim 4. The process of claim 5, further characterized by…
B. Claim 2. The process of claim 1 or claim 5, further comprising…
C. Claim 6. The widget as in claims 1, 2 or 3, further including…
D. Claim 3. The widget as in the preceding claims, further containing…
(category: patent, Chinese translation: 专利)
Question: In August 1999, a recently registered patent agent, who is not an attorney, asked a registered patent attorney to help the agent establish a practice. Considering the additional facts in the following choices separately, which choice best comports with the professional responsibilities of both the agent and the attorney?
A. The agent advertises as a registered practitioner authorized to practice before the Office in patent and trademark cases. The attorney supervises all the trademark work done by the agent.
B. The agent advertises on television and radio as a registered patent agent and accepts patent cases on a reasonable contingent fee.
C. The attorney has the agent prosecute trademark applications before the Office and the attorney signs all the papers submitted to the Office without reading the papers.
D. The attorney and agent enter into a partnership agreement that has no health or retirement benefits, but specifies that after termination of the partnership, the agent and the attorney will not practice in each other's neighborhoods or accept each other's established clients.
(category: patent, Chinese translation: 专利)