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Seeing Appalachia Through the Eyes of Appalachians. Several new media projects are re-envisioning a region long stereotyped as backward and Fall ignorant. Sign up for Take Action Now and well send you three meaningful actions every Tuesday. Thank you for signing up. For more from The Nation , check out our latest issue. Subscribe now for as little as $2 a month! The Nation is reader supported: Chip in $10 or more to help us continue to write about the issues that matter.

Sign up for Take Action Now and well send you three meaningful actions you can each week. Be the first to hear about Nation Travels destinations, and andre gide the immoralist explore the world with kindred spirits. Did you know you can support The Nation by drinking wine? In January of 1964, when Life magazine published pictures by the renowned photojournalist John Dominis in a 12-page feature on Appalachian poverty, the magazine reached millions of people each week. Across the country, readers held in their hands stirring images from eastern Kentucky: sad-faced and prematurely aged young women; little girls holding dirty, unclothed dolls; ragged urchins playing on Fall Apart, front porches; a father and son collecting stray lumps of coal from Fines Essay, a railroad track to heat their home; an exhausted mother caring for sick children. These photos became iconic fodder for the War on Poverty, inspiring concern, sympathy, and action in a place where many were struggling to get by. In Things Apart Essay. But for Maya Life Fines Essay many people, they also came to define the region as a whole: a single, narrow representation of what it meant to be Appalachian, one in which the Okonkwo In Things people were poor and whiteand largely objects of pity. Fifty years after those photos were published, some artists, activists, and academics are working to expand that definition. From a photographer heading an art project to crowd-source new pictures of life in the region, to organizations working with Appalachian youth to both critique and create their own media representations, there are efforts underway to provide a more diverse and nuanced picture of Appalachia and the people who call it home.

Appalachians have long been painted by outsiders as not only downtrodden but also, in many cases, degenerate. Achilles Iliad. As someone who grew up in West Virginia, Im acutely aware of Okonkwo Fall these stereotyped representations, from The Beverly Hillbillies to Deliverance to any number of reality-TV shows today. Right-wing Fox News host Bill OReilly gave us a pointed example of industrialization lead to imperialism this narrative in In Things Fall Apart Essay 2009 when he described the culture of the region as one that harms the children almost beyond repair, where kids get married at 16 and 17 and how did their parents are drunks. OReilly concluded that if hed been born in Appalachia, he would move away the first chance I get. Given the long history of exploitation that led to the regions deep economic problems, such stereotypes serve to direct attention away from larger systemic issues and place the blame on Appalachians themselves, says Carissa Massey, an art-history professor at Adrian College. They also serve to repress the agency of people in Appalachia. Women and girls in the region face uniquebut no less negativestereotypes. In Things Fall Apart Essay. Sally Ward Maggard, who taught sociology at West Virginia University, outlines the two dominant stereotypes of Appalachian women: They are either quiet caretakers who craft, cook, and garden, or voluptuous, vacuous, barefoot-and-pregnant women. Girls from the region are faced with representations that paint them as trash. Becky, a former participant in andre gide a now-defunct leadership-development program for girls in In Things Fall Apart Lincoln County, West Virginia, described it like this: Every time they do a report on [my county], I think they go find the worst people they can and put them on TV. Soc The. They dont find the smart people. The way people look at Okonkwo In Things Essay, youits like youre trash or something. They dont think that much of people in lead to imperialism Lincoln County, especially the girls. From Dominis s era to the present day, popular representations of the region have also tended to erase the Okonkwo Essay experiences even the gottesman 1991 existence of people of color.

The author and feminist theorist bell hooks, who was born and raised in Kentucky, writes that the black Appalachian experience has always been contested by folks who either know little about Kentucky or refuse to Fall accept the Mix on Company Lululemon diversity of that history and the true stories of In Things Apart Essay diversity in these hills. In reality, people of color represent roughly 17 percent of Appalachias population, and racial diversity has been increasing in recent years. In 2014, photographer Roger May launched a crowd-sourced photography project aimed at exploring the diversity and expanding the visual representations of Appalachia. May initially considered taking all of the photos himself, but he wanted to avoid depicting the region only through his own eyes. Angelou: And Poetry’s. Instead, his projectcalled Looking at Appalachiaencourages amateur and professional photographers to submit their own pictures. May lives and works in Raleigh, North Carolina, after growing up near the border of West Virginia and Kentucky. Hes especially interested in Okonkwo Apart Essay how Appalachia is looked at and talked about half a century after the War on Poverty photos, and how did industrialization he hopes that his project will help create a visual counterpoint to Okonkwo In Things those images. I cant really say for andre sure if it equally helped and Fall Apart Essay harmed, but at the time I think it certainly served its purpose, May says, speaking about the how did lead to imperialism iconic photos. Although they did a phenomenal job of highlighting need, he adds, the pictures left viewers with this indelible impression that thats what Appalachia is. Which is not to say that his new project intends to deny or gloss over the poverty in Fall the region.

Appalachias poverty rate is more than 17 percent, nearly two points higher than the national average. And in some places, the rate is even higheras in the Appalachian counties of Kentucky, where one in four people, on average, lives in poverty. May says that while much has changed since the 1964 photos, unfortunately, a lot of the problems that existed then still exist nowthey just wear a different mask. For Looking at Appalachia, May works with a team of other photographers to select and curate the pictures that will be included in an online gallery and a traveling exhibit. The project features a wide range of images, from those that many would already associate with Appalachiasuch as coal miners and misty, rolling hillsto those they might not: women playing roller derby, young people showing off hot-pink hair. When you look at a geographic region [that runs] from southern New York all the way to schizophrenia northeast Mississippi, May points out, thats a pretty broad spectrum of not only physical geography, but also human geography. For the past two years, researcher Tammy Clemons has been working with young people in West Virginia and Kentucky to study how young Appalachians produce and use media to envision their possible futures. Clemons says that some of the young women talk about In Things, drawing inspiration from Mays project, which is andre gide reconnecting a new generation of youth to Okonkwo Apart Essay this body of visual productions that maybe they werent aware of andre the immoralist before, but that [has] partly constructed the reality in Okonkwo In Things Essay which theyre living. It has also provided young people with a way to respond directly by posting images of their own. One of the places that Clemons has conducted her research is at how did, High Rocks Academy, an Apart, all-girls youth-development program in the immoralist rural West Virginia where shes taught media literacy and production for the past two summers. In the class, participants deconstruct stereotypes of young women and Appalachians; learn how to shoot and edit their own videos; and examine the power of visual-media representations in their daily lives.

One focus is on media consumption as an In Things, active, rather than passive, experience for young people. You can choose how to consume something, Clemons says. You can choose how you interpret it, what you do with it, and how you respond to it. One response is making your own media. Another site for her research is the industrialization lead Appalachian Media Institute (AMI), a project of Okonkwo In Things Appalshop, a media and education center in southeastern Kentucky established in 1969 that gives local people the opportunity to make their own films and tell their own stories. Here, young people participate in intensive summer internships in which they research issues, create media products, and the immoralist lead outreach campaigns on issues like environmental degradation and domestic violence. In Appalachian Youth Re-envisioning Home, Re-making Identities, a recent essay from the book Transforming Places: Lessons From Appalachia , one former AMI intern talks about the Okonkwo Apart power of looking at the region in how did a new light: So, as kids, I would say the Okonkwo Essay majority of people that I went to school with were really embarrassed to schizophrenia be from Fall Apart Essay, here. And thats just the reality of it. Angelou:. And in AMI, when I came here and I saw some of the films and talked to people, it really hit me that outside perception of the area was really robbing me of my history and culture and making me feel ashamed. After moving away from the Okonkwo Fall Apart Essay region and returning many years later as an adult, bell hooks wrote about Marketing Company Lululemon Essays, her surprise that so many of the negative stereotypes about life in Kentucky are as fixed in our national geographic imagination as they were when I first left the state years ago. In the In Things project of re-envisioning Appalachia, especially the achilles iliad portrayal of women and Okonkwo Apart girls, there is still much work to Marketing Company Lululemon be done. Novelist Chimamanda Adichie warns of the danger of a single story, and for decades the dominant story of Appalachia has been one of In Things Apart Essay ragged urchins, of empty-headed women, of low-life hillbillies. We have always been more than this story. And through projects like Looking at Appalachia, there are finally new ones being written. Layne Amerikaner Layne Amerikaner is the 1991 schizophrenia senior communications manager for writing and content at Okonkwo In Things Fall Apart Essay, People For the American Way in Washington, DC.

To submit a correction for our consideration, click here. For Reprints and Permissions, click here. In order to comment, you must be logged in as a paid subscriber. Gide. Click here to log in or subscribe. The whites of Appalachia are as stereotyped as the inner city blacks or Latinos of In Things Fall Apart Essay inner cities. Soc The. What I see from both is an anger at being labelled and pigeonholed. The last candidate who could appeal to both successfully was RFK. He won Indiana with a coalition of blue collar whites, new from coal country, and inner city blacks, new from the share-cropping South.

He found a unifying thread. In Things Essay. It can unite them again. The Most Serious Challenge to Gerrymandering in Modern Times Reaches the Supreme Court. The American Impulse to Equate Guns With Freedom and outsiders Masculinity With Violence Is Killing Us. The Donald Trump Inside Your Own Head.

VIDEO: People in Denmark Are a Lot Happier Than People in the United States. Heres Why. Historical Amnesia About Slavery Is a Tool of White Supremacy. Stay connected with everything Nation by signing up for our free daily newsletter.

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Okonkwo In Things Fall Apart Essay

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Patent Law School Exam: Essay No. 3. 3. Fall Apart! (15 POINTS) Under 35 U.S.C. 112 patent claims may be invalidated as indefinite. The Federal Circuit has interpreted the law to invalidate patented claims only when those claims are insolubly ambiguous. The insolubly ambiguous standard is a high standard, and patent claims are quite unlikely to industrialization to imperialism, be found invalid under that standard. More recently, policymakers have considered lowering the standard, but only for Essay, pre-issuance patent applications undergoing patent prosecution. Is this proposal a good idea? Why?

Law Professor at the University of Missouri School of soc the outsiders Law. View all posts by Okonkwo Apart Essay, Dennis Crouch → 133 thoughts on “ Patent Law School Exam: Essay No. 3 ” Folks, please dont denigrate the word ambiguous According to the Collins English Dictionary the word ambiguous has two distinct definitions: 1. having more than one possible interpretation or meaning.

2. difficult to understand or classify; obscure. There is ABSOLUTELY nothing wrong with a patent term having more than one possible meaning in fact its a good thing, in that it allows one write a claim of how did lead appropriate scope without being prolix. There is also nothing wrong (at least according to the Federal Circuit) with a patent term that is merely difficult (i.e. Okonkwo In Things Fall Essay! challenging or demanding) to understand. The answer is andre that, except for Okonkwo In Things, certain crybaby gadflies like Mooney, nobody cares because Mooney is crap. If somebody actually cared Mooney would be careful and focused, from beginning to end, and beginning with the decision to not bother getting involved in patents in the first place. Referring to the original post, what utterly worthless garbage. Maya Angelou: And Poetry’s Fines! The above edits are provided to offer a more realistic interpretation of the In Things Essay, original crap post.

The standard IS already lower during prosecution. The policy makers and patent law school professors should find something else to do than gratuitous intermeddling. On a related note, has anyone here been an achilles iliad applicant, an examiner, and a practitioner as well? I have met many people who are 2 out of 3, but very rarely did I meet someone who was 3 out of 3. As I said to MM, when you out yourself, Ill consider outing myself. Actually, that question is rhetorical since I would never do it. Thats fair.

How about picking out a random published app and give your take on Office abuse? That particular attorney pi ssed me off by actually successfully traversing a legit restriction. Follow up question. How does a practitioner successfully traverse a restriction if the restriction was legit? Granted that not many people understand MPEP 800, which is rumoured to be currently undergoing major reconstruction, if you correctly assessed the inventions and/or species, followed by estalishing the burdensomeness of searching, how then can the requirements be successfully traversed? I feel that if the In Things Apart, groupings you make up are not subject to statutory double patenting rejections when filed in divisionals, the burdensome search is pretty much a freebie test. If he/she/it traversed your burdensome search criterion correctly, you did a pretty bad job of how did industrialization to imperialism establishing the burden. Any comments on Okonkwo Apart, what happened in soc the, the case? I dont think Ive seen a legit restriction, even following the examiner-friendly MPEP, in all my years of practicing. BTW when I say legit restriction, I dont mean that the end result was proper (i.e., the claims were properly restrictable), I mean that the examiner properly discharged the burden of establishing that these claims should be properly restricted

Right. Never seen one in Okonkwo Apart, all your years. Im not unfamiliar with restriction practice. I dont need to seek others help with it, although there are those who feel some types of restrictions which are completely legit should be against an unwritten policy. Ridiculous. You attorneys take the system being so biased towards you in many areas for granted and dont realize that anytime you actually win on the merits theres a 50/50 that you only Maya Angelou: Life and Poetry’s Essay won on a dumas policy that was put into place so that you dont btch too much about the parts of the law that arent blatantly biased for you.

The only areas of the law that I can think of In Things Fall Essay off the top of my head that arent subject to some dumas policy or other are 102 and 103. Theyre the most solid of our grounds of Marketing Mix on Company Lululemon rejection because theyre basically the In Things Fall, only portions of the law that havent been gutted by the courts. One on one, to the death. Actually the job search (which was just me responding to people seeking me out mostly) isnt going anywhere atm, unless you consider people still seeking me out it going somewhere. Gottesman Schizophrenia! Ive been busy with working out and a few vid games and going out. Im thinking maybe take the agents exam right fast, a bud of Okonkwo Apart Essay mine just did it and passed with only a few days o studying. Not to be mean to the guy but I kind of feel like I might be a little smarter than him, so I dont think I should have that big of trouble with it. Maya And Poetry’s Essay! Thing is, 550$ for something Im not completely sure Im going to use?

Jebus, what a ripoff. That particular attorney pi ssed me off by actually successfully traversing a legit restriction. Legit restriction - hahahahahahahahaha. I dont think Ive seen a legit restriction, even following the examiner-friendly MPEP, in Okonkwo, all my years of practicing. BTW when I say legit restriction, I dont mean that the end result was proper (i.e., the claims were properly restrictable), I mean that the examiner properly discharged the burden of establishing that these claims should be properly restricted. If the attorney successfully traversed, then your restriction wasnt legit. 6K you problem (among many) is you think that everything youve been taught at Company Lululemon Essays, the USPTO is correct.

You assume that because your primary, spe or next-door neighbor said this rejection was OK, then it must be OK. A good attorney (remember you once aspired to join our ranks; btw hows that job searching going?) doesnt rely on other peoples opinions. He or she may ask for an opinion, but when it is about an issue that he/she is unfamiliar, the good attorney will always verify first. Look at the MPEP for guidance, then look at the code, look at the rules, and Fall Apart look at the case law (and when I mean case law, I dont mean the little one sentence snippets from the MPEP). Only after you review of those sources should you proceed. Granted, most examiners (you included) are not particularly familiar with the soc the, MPEP, most of the In Things Apart, case law, the rules, and the code, so you have to rely on your compadres at gottesman schizophrenia, the USPTO. However, as anybody who has played the telephone game can vouch for, as the message gets transmited from one person to the next, that message becomes garbled. Eventually, what Ive seen from the examiner I deal with (and from Okonkwo Apart, you) is an incomplete (at best) and/or incorrect knowledge of the achilles iliad, law.

If any of your 20 cases are available for public inspection, please post the serial number(s) as well as your take on the abuse. As I said to MM, when you out Okonkwo In Things Fall Essay, yourself, Ill consider outing myself. Actually, that question is rhetorical since I would never do it. Why do people ask such silly questions? Besides, any intelligent attorney isnt going to want to comment on any of their pending applications. Anybody on this board ever hear of estoppel?

As if Im going to ramble on about one of my cases, opining about gottesman 1991 schizophrenia, stu-pid references that 6K finds, but never gets cited by the USPTO. Like my clients (or anybody elses clients) are going to In Things Fall Apart, appreciate that. Trust me, I would absolutely love to Marketing Mix on Company, identify a couple dozen applications. Okonkwo Apart! However, my duty lies with my clients best interests no matter how badly I want to shine a light on the USPTOs incompetence. Our job is not to follow the law our job is issue applications that appear on 1991 schizophrenia, examination to In Things Essay, be entitled to how did lead to imperialism, a patent. And, as the courts repeatedly remind us, our job is also to issue only valid applications. Only 6K would write this. Your job . IS. to In Things Apart, follow the gottesman schizophrenia, law period.

The law states what you are to Okonkwo Fall, examine, how you are to examine, and lead what standards you are going to apply. Everything you do is based upon U.S. Code, U.S. case law, and the rules (properly) promulgated by the USPTO (the USPTO has seem to forgotten how to properly promulgate rules these days). I dont like getting political on these boards, but has 8 years of Bush degraded the ethics of the In Things Fall Apart, executive branch this much that even the peons like 6K feel that they are above the law? FYI 6K if you ever get one of my cases please, I beg of you, write my job is not to andre gide, follow the law anywhere within any of the In Things Fall Apart Essay, office actions you prepare. I will make that the centerpiece of any appeal I file. Why would I feel sorry for these people? Who cares if the PTO screws up these applications? The answer is that, except for certain crybaby gadflies, nobody cares because these inventions are crap.

If somebody actually cared the prosecution of the applications would be careful and focused, from beginning to end, and to imperialism beginning with the decision to not bother filing a patent application in the first place. Your ability to consistently not get it is indeed remarkable. Obviously somebody cared about the prosecution of Okonkwo Apart Essay these applications. The applicants in schizophrenia, particular. Thats why they appealed them to the Fed. Cir. The fact that the PTO has been unable, despite numerous opportunities, to Okonkwo Apart Essay, present prima facie cases against Marketing Lululemon Essays either application, demonstrates that, despite your personal feelings regarding the merits of the inventions, the Okonkwo Fall Apart, applications are not crap.

Granted, the applications dont disclose anything as ground breaking as the protein fragments and molecules that you apparently deal with, but as pds noted, the PTOs handling of industrialization to imperialism these cases is indicative of the Okonkwo, lousy state of examination at the PTO. That lousy state is only getting worse. Im not above the law. Power-tripping and how did industrialization to imperialism deciding which parts of the law you like and follow and which parts of the law you dont like and simply ignore IS a critical problem with the Office. Says who? You.

Face me in one on one combat to In Things Essay, the death. Maybe your fellows will learn something when Im through with you. Send Donaldson if you like. Our job is not to follow the law our job is issue applications that appear on examination to be entitled to a patent. Um, Are you saying that you are to issue applications that appear on examination to be entitled to a patent by how did industrialization to imperialism, NOT following the Laws rules on just what entitled to a patent means or how you are to perform the examination? No matter how much you like to think otherwise, you are NOT above Law. The parts about law come into Okonkwo In Things Apart, play only in the context of a court room and in situations where there is a supposition that a court room might someday be visited. Only you are wrong. Im pretty sure that the law should be applied during prosecution and that you do have to follow the law. Someone quoted Donaldson recently to that effect something that the courts also repeatedly remind you. Further, it is NOT your job to to imperialism, decide what is law and what is lawlol.

Power-tripping and deciding which parts of the law you like and follow and which parts of the law you dont like and simply ignore IS a critical problem with the Office. If the offensive guard simply decides that he will be a receiver and runs a post pattern, guess what the play doesnt count and your team is penalized. pds, excellent reminder to Malcom. Malcom, you are still stale. For the case you guys cited above, Ive looked over the art and I have a hard time seeing why the previous rejections didnt go to In Things, appeal on perusal. I havent looked at the smith reference yet, but the Julius ref is da rn near exactly what is needed and it clearly shows getting stuff out through the ho le in the top. I dont think youre as bad as you make yourself out to be ;p Im not really, except in this case with the bgard claim they want rejoined. I will light that mo fo up with page upon page of rejections, none of which will involve art.

Let me ask you an honest question though. Suppose that the claim is in condition for achilles iliad, allowance, but the attorney pisses you off. Would you pass the case to allowance or would you bury the case in appeal? It depends. So far I havent buried any apps in appeal that I truly believe are in condition for allowance. But, if the right attorney came along anything is within the realm of possibility. One particularly juicy case where I could have done this arose just this last week, I chose to issue. The case was not in condition for Okonkwo In Things Fall Essay, allowance because the first ind blatantly covered things inherent to nearly all embodiments of 1000s of references of prior art but the evidence just wasnt there. The art was too unspecific to base a rejection on. But, thats fine, some litigator can tank claim 1, the rest of the inds are probably legit. That particular attorney pi ssed me off by outsiders, actually successfully traversing a legit restriction.

The case should not have involved all that it ended up involving. Fall! Took probably 4 days to search that sht the first time, and 2 or 3 after their amendments. Instead, I think the Patent Office should actually have a slightly lower standard, where close cases should be decided in favor of the outsiders, applicant. Thereotically, there would be 2 camps in USPTO management. Camp 1 would want to grant maximum authority to Okonkwo Fall, examiners. As such, the affirmation rate at the Board should be 100%, wherein examiners only send up clear cut rejections. The rest should be negotiated with the applicant and allowed. Camp 2 would want to grant minmum authority to Fines Essay, examiners. As such, the affirmation rate should be close to the actual rate of allowable applications.

Perhaps 50%? Perhaps some other number reflective of the true allowance rate in view of the applications and the prior art? In discussing this with my colleagues, I have found folks in both camps as well as somewhere in between. Any comments on Fall Apart, the USPTOs official goal for appeal affirmation? I personally believe that the USPTO is achilles iliad only a first filter.

Some examiners go too far and reject all close calls. If examiners were to allow all close calls and let the courts sort out the Okonkwo In Things, mess, the backlog would be greatly reduced, but the problem would then be directed to the courts. Not necessarily a bad thing depending whom you ask. One of my colleagues commented that patent reform is Lululemon Essays like playing chess in many different dimensions. Okonkwo In Things Fall Apart! You change one variable and the system reacts by changing many related variables. I promise you pds, you have never had to deal with the likes of achilles iliad me. If you had, you probably wouldnt want to talk about it. Okonkwo Fall Essay! Wed have to call you PTS from Maya Angelou: and Poetry’s Essay, now on, for post traumatic stress. I may have dealt with a few of your incarnations. I dont think youre as bad as you make yourself out to Okonkwo In Things Fall, be ;p. If an applicant wants a patent thats somewhat questionable, the Patent Office should err in andre, favor of the applicant and Okonkwo Essay allow it.

The examiner can make a record of the andre, questionable nature of the patent (i.e., the In Things Fall Apart Essay, claims may potentially be found obvious over, etc.) in the file wrapper. Let the achilles iliad, patent holder beware; enforce with caution. While I agree with most of your comments, how do you feel about examiners creating file wrapper estoppels? The first thing that would be required for Okonkwo Fall, the case to wind its way to the Fed. Maya Angelou: Life And Poetry’s Essay! Cir. would be you convincing the other appeal conferees that you could send the case up to BPAI relying on Official Notice. Very unlikely to happen. Not impossible, but highly unlikely.

Most likely (99.9+%) youll be told to re-open and cite a reference. Some of my own cases went to appeal with ON. How many would you require to overcome highly unlikely? See MPEP 707.07(d): Nor should he or she (i.e. the examiner) express doubts as to the allowability of allowed claims or state that every doubt has been resolved in Okonkwo In Things Fall Essay, favor of the applicant in granting him or her the claims allowed. I am interested in comments about this issue as discussed above. If you knew anything about In re Bogese and the law, you would now that it dealt with an EXTREME example of applicant abuse that isnt even possible for any applications filed after June 8, 1995, after which the patent term changed from 17 years from issue to gottesman schizophrenia, 20 years from filing.

This case was about In Things Apart Essay, dealing with submarine patents. Most aplicants do not want delay because of the 20 years from filing patent term. For every In re Bogese case you can find over achilles iliad the last 10 years at the USPTO, I can look at my current docket (and mine alone) and find you 20 examples of USPTO abuse. I said directly that this is Fall Essay one, albeit extreme, case. I never said that it was representative of all cases. If any of your 20 cases are available for public inspection, please post the serial number(s) as well as your take on the abuse. Stop sticking your head in the sand the USPTO is anti-patents. This is one of many instances where you attack me in some form. I simply asked for clarifications. If you dont want to acquiesce, then you dont have to reply.

Your statement is achilles iliad just as much evidence as the examiners is right? When both sides lack any real evidence, I suppose allegation from Okonkwo In Things Apart, one is as good as allegation from the other. Let me ask you an honest question though. Suppose that the claim is in condition for allowance, but the attorney pisses you off. Would you pass the case to soc the, allowance or would you bury the case in appeal? You dont have to answer if you dont want to. I was just curious. So, this admission that the Okonkwo In Things Fall Apart Essay, Office screwed up its job in Company Essays, not applying the Law and allowing bad patents is a rationale for changing the rules of the game? This is the rationale for In Things Fall Apart, STILL not doing your job and following the Law?

Yes and Marketing Essays yes. In Things Fall! Although your statement is andre gide the immoralist off by a little bit, you must be mistaking us for In Things Apart Essay, some other agency. Our job is not to follow the law our job is issue applications that appear on examination to be entitled to a patent. And, as the andre, courts repeatedly remind us, our job is also to issue only valid applications. That is the part that is difficult. The parts about law come into In Things Fall, play only in the context of a court room and in situations where there is a supposition that a court room might someday be visited. If your app is so bad there is no chance, then dont look forward to having the law looked at all that closely in to imperialism, regards to Okonkwo In Things Apart, your application.

The jobs too tough so lets change the Law? Man up, fix the soc the, critical problem. The critical problem is NOT the Law No, youre right, the Law is not the Okonkwo In Things Apart, problem. Industrialization! It is Fall Apart actually the lawlol that is the problem. The lawlol has arisen from the courts. Like in KSR, those are mainly the things that need changing. As soon as those get put back into Mix on Essays, good order, I predict that filing will go down to a reasonable level once attorneys get a firm grasp of what they have a prayer at getting a patent on under the more restrictive lawlol to come. Okonkwo In Things Fall Apart Essay! Examiners applying the Law are quite different from those applying the andre gide, lawlol.

Just today I had my spe recommend a 112 1st on a claim that was an originally filed claim to make app put support in Okonkwo Apart, the spec So bad. Andre The Immoralist! I tried to explain to Okonkwo In Things Apart Essay, him about how thats not how 112 1st is current interpreted, but I dont think he wanted to be wrong so I let it go. And, we have the Mix on Company, personal assurances from In Things Apart, Chief Judge M that things are a changin so that congress doesnt have to lay the smack down. Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and Maya and Poetry’s Fines requirements of this title. 35 U.S.C. Okonkwo Essay! 102 Conditions for Maya Life Fines Essay, patentability; novelty and loss of Fall right to how did to imperialism, patent. A person shall be entitled to a patent unless Funny how your bicycle application appears to Okonkwo In Things Apart, be anticipated by this reference clearly showing a steel beam. #128521; Lost your rightlol right there.

Sorry. When you out yourself, Ill consider outing myself. However, until all that happens, then we are stuck arguing about the patents/patent applications that Dennis provides us. OH COME ON, borrow a juicy one from your buddy at the office, Im sure at least one wouldnt mind showing off a quality piece of 1991 work that is Okonkwo In Things Fall Apart supposedly being stonewalled. Gottesman! I should add, the one app that I was afraid I might actually be stonewalling irl unjustifiably I recently found a 102b for. I consider myself vindicated. Mah trigger finger is itchy. As I said before, you dont practice before the Okonkwo Apart, USPTO.

I dont care how many applications you have reviewed. Until you have to Mix on Lululemon, deal with the likes of 6K on Apart, a daily basis, you wont understand all the unstated BS rules the USPTO employs. Respectfully, as said above, I have prosecuted over 200 applications in classes 705 and 707. I was prosecuting before business method became its own TC. I deal with many examiners on a daily basis. See the BPAI decision in 09/077,337 (pages 8-9, iirc). Andre Gide The Immoralist! All that is required to traverse Official Notice is a demand that the examiner support the taking with substantial evidence.

Based on my current dealings with the Okonkwo In Things Fall Essay, Board, I personally believe that they are 50/50 on ON traversal. I know some examiners that do not use ON at all. If the Applicant does not traverse, the Board pretty much lets anything stick as admitted art. If the Marketing Mix on Company Essays, Applicant traverses in some form, then I think the Board is 50/50 depending on what documentary evidence the examiner furnishes. Yes.

My experience is that every time an examiner takes Official Notice, I simply respond by requesting that the examiner provide documentary evidence in support of the Okonkwo In Things Apart Essay, taking. I NEVER state, or even argue, why the facts noticed arent considered to be common knowledge. Why? Because Im not required to. Thats why. Even if the gottesman 1991, MPEP had the effects of law, anything is appealable I suppose. I never said that the MPEP is 100% correct. I wanted different opinions on Okonkwo Fall Essay, this particular topic and cited the Life and Poetry’s Essay, MPEP as a source. Okonkwo In Things Apart Essay! If one assumed that I believe that the MPEP is 100% correct all the time, one would err. My bad, I meant to cite: I thought a little bit more about the gide, original point a claim with multiple interpretations being indefinite or definite.

As said above, natural language will always have some form of In Things Fall ambiguity. I also thought about the broadest reasonable standard. This implies that there may be more than one reasonable interpretations, and the examiner should adopt the broadest one for examination. Under this guise, a claim with two reasonable interpretations would only need to have the broadest interpretation addressed by the examiner. What happens if the two interpretations are equally broad? Any comment? Im just thinking aloud. I neither agree nor disagree with any particular person. If you disagree with me please just ignore. Since process clams are now required to be tied to a particular machine or transform a physical article to a different state or thing, are process claims indefinite if they can be performed in different physical locations and on different models of a particular machine? Also how does the insolubly ambiguous standard affect the no structure limitations rule in process claims?

No, and there is no rule against structural limitations in a method claim so long as they are incorporated into the method step instead of recited by themselves, so not at all. As I said before, you dont know the difference between holding and a dicta Actually I do, and Im using the dicta. If the how did industrialization to imperialism, claimed invention ecompasses obvious subject matter (i.e., the overlapping portion), then it doesnt matter about the non-overlapping portion. I know, I know difficult concepts for you to comprehend when you already have your mind set on Okonkwo In Things Fall, your desired result. I already comprehend this, and gide I go further. Im probably going to have to In Things, investigate the industrialization, cases that the court cites in their dicta and use one of those, but I bet this works out in my favor as I doubt the judge simply wrote his dicta without thinking what so ever. The reason why (even MM) should care whether or not the Okonkwo In Things Fall Essay, PTO screws up is that if the USPTO screws up an (allegedly) crap application, then it is indicative that the USPTO will also screw up an important/valuable flowery application. LOL. Gide The Immoralist! Yes, the USPTO screws up. But not nearly as often applicants screw up and it doesnt matter how many comments you type up complaining about the USPTO that basic fact isnt going to change. The behavior of applicants towards the PTO is about as senselessly greedy as Charles Manson trying every day and twice on Sunday to Fall, get McDonalds to deliver a custom-made Big Mac to San Quentin.

A good measure of achilles iliad a fair government (and good law) isnt how it treats the Okonkwo Fall Apart Essay, best, it is how government treats the worse. The worst end up with thousands of issued patents every year that they dont deserve so the government is working quite well for the worst. If the USPTO were Homeland Security, half the janitors in the Pentagon would be working for Marketing Mix on Company Lululemon Essays, al Qaeda. The fact that some Afghani guy who cant produce a birth certificate or provide any proof of citizenship finds that his job application at Area 51 was delayed for Okonkwo Fall, an inexplicable reason is not a sign that the system is working against the public interest. The answer is Maya Life and Poetry’s Fines that, except for certain crybaby gadflies, nobody cares because these inventions are crap.

JD I was going to write that MM would say this, but it would have been only stating the Okonkwo In Things Apart Essay, obvious. The reason why (even MM) should care whether or not the Marketing, PTO screws up is that if the USPTO screws up an (allegedly) crap application, then it is indicative that the Apart Essay, USPTO will also screw up an important/valuable flowery application. The perceived value should not be the basis for how the Maya Life Fines, government evaluates a patent application. God knows, if MM ever gets arrested for . well, lets not go there this is a family message board . we would hope that the government treats MM the same no matter his disagreeable nature and questionable character. A good measure of a fair government (and good law) isnt how it treats the best, it is how government treats the worse. Either MM doesnt care how the Fall Essay, USPTO treats applicants or MM is advocating that someone from government can arbitrarily decide what applicants deserve better treatment and what applicants do not. But if youd like to see an example of an soc the awesome invention that is getting worked over by the PTO, check out 10/190,039. Its a simple mechanical case. So simple that even somebody as mechanically inept as you can understand it.

Uh, thats an obvious piece of Okonkwo In Things Apart Essay crap if I ever saw one. And the fishing pole case is achilles iliad just another example of an inept clueless patent drafter wanking off trying to get some o dat ol timey patent action. Why would I feel sorry for these people? Who cares if the Fall, PTO screws up these applications? The answer is that, except for certain crybaby gadflies, nobody cares because these inventions are crap. If somebody actually cared the prosecution of the applications would be careful and focused, from 1991 schizophrenia, beginning to end, and Okonkwo Fall beginning with the decision to not bother filing a patent application in the first place. Interesting case you cited. Classic USPTO. The BPAI affirms the examiners 102 rejection. However, once appealed, the solicitor realizes that they are stuck with a bad decision and want to remand it. To be honest, once the USPTO asked for achilles iliad, the remand, I knew they were going to get it.

The FC isnt going to opine on something they dont have to. I see that a final rejection has been issued after remand. Lets see how the BPAI treats this knowing that theyll scrutinized by the FC. The last time I asked Teh Big Whiners here to provide some examples of In Things Fall their awesome inventions getting screwed over, we were presented with incredibly smelly and impossibly lame great great great great great grandchild of a continuation. Im still waiting to see the good stuff. The examples I provided met the exact criteria you specified. An objectively baseless rejection. Of course, faced with that proof, you changed the criteria. And then claimed that because the two examples had a large number of Mix on Essays continuations pending, they were somehow disqaulified as meeting your request.

Although you never said anything about that in setting forth your initial request. Nor did you explain why the Okonkwo Fall Apart Essay, number of pending continuations had any bearing on why the particular rejections were not objectively baseless. Typical for you. But if youd like to see an example of an awesome invention that is achilles iliad getting worked over by the PTO, check out 10/190,039. Its a simple mechanical case. So simple that even somebody as mechanically inept as you can understand it. The rejections are appealed to BPAI. Okonkwo Apart Essay! BPAI affirms.

Case is appealed to Fed. Cir. Appellant files brief. PTO requests a remand. Acknowledges rejections that were affirmed by BPAI are POS. Typical PTO. Wait until the andre the immoralist, applicant/appellant has gone through the time and expense of briefing the case, and then admit all the work done by the PTO up until that point is worthless garbage, and request an opportunity for Essay, a do over.

Like I always say, the PTO considers it their right to achilles iliad, have an unlimited number of opportunities to get it wrong. Check out page 12 of the (associate) solicitors 9/7/06 brief. Particularly the part where she claims that if the Fed. In Things Apart! Cir. will remand shell personally monitor the application to make sure the Marketing Mix on Company Lululemon Essays, case is expeditiously handled. The remand is Okonkwo In Things granted. 8+ months later another lame OA is Marketing Mix on Lululemon Essays issued. Thats certainly expeditious handling. Although its not publicly available in PAIR, check out the fishing pole application 10/899,352 (In re Wheeler) thats discussed on the Patent Prospector site today. Anticipation rejection. Affirmed by BPAI. Reversed by In Things Fall, Fed.

Cir. Were now at Company, the point where the PTO, and BPAI, cant even establish a prima facie case of anticipation against a fishing pole. Or recognize when the examiners case is a complete POS. But there are no problems with objectively baseless rejections being issued by the PTO. Let me guess, these examples dont qualify either. Im still waiting to see the Okonkwo In Things Apart, good stuff.

When you out yourself, Ill consider outing myself. However, until all that happens, then we are stuck arguing about the patents/patent applications that Dennis provides us. So, this admission that the industrialization lead, Office screwed up its job in not applying the Law and allowing bad patents is a rationale for changing the Okonkwo, rules of the gottesman 1991 schizophrenia, game? This is the rationale for STILL not doing your job and following the Law? Blame the applicants when the Okonkwo Essay, Office doesnt know and properly apply the Law?

Wow, thats some serious crybaby right there. News flash: e6k is andre gide a patent examiner, or at least he plays one here. Unless you get off satisfying e6ks sadistic tendencies, why get bent out of In Things Fall Essay shape arguing with the guy? He cant do dick to change the PTO. The last time I asked Teh Big Whiners here to provide some examples of their awesome inventions getting screwed over, we were presented with incredibly smelly and impossibly lame great great great great great grandchild of how did lead to imperialism a continuation. Im still waiting to see the good stuff. Execution, Execution, Execution, PDS, remember, the reason were anti-patent aka would like fewer allowed patents, is because of the whole public getting pissed about Okonkwo Essay, too many blatantly obvious patents slipping through. Never forget that. So, this admission that the Office screwed up its job in not applying the Law and allowing bad patents is a rationale for changing the rules of the soc the, game? This is the rationale for STILL not doing your job and following the Okonkwo In Things Fall Apart, Law? Blame the applicants when the Office doesnt know and properly apply the Law?

The jobs too tough so lets change the Law? Man up, fix the critical problem. The critical problem is NOT the Law. Its not like all examiners follow the rules anyway. HELLO we have identified the problem. Know the law do your job, stop the lead, Power-grabbing, anti-patent campaigns. Ethical abandonment to Okonkwo In Things Fall, force applicants to dance just because the Examiner can and try to outsiders, meet the Examiners expressed opinions that run counter to the Law: 35 U.S.C. 101 Inventions patentable. Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to Okonkwo Fall Essay, the conditions and requirements of this title. 35 U.S.C.

102 Conditions for how did industrialization lead to imperialism, patentability; novelty and loss of In Things Essay right to patent. A person shall be entitled to a patent unless We need a new Head Coach for this team Since process clams are now required to achilles iliad, be tied to a particular machine or transform a physical article to a different state or thing, are process claims indefinite if they can be performed in different physical locations and on different models of a particular machine? Also how does the insolubly ambiguous standard affect the no structure limitations rule in process claims? And your point is? If the art is good, no amount of MPEP is going to In Things Fall Essay, help you. Achilles Iliad! Its not like all examiners follow the rules anyway. Herein lies the problem. The art is rarely good.

If the art is good, I usually dont need an examiner to explain why it is In Things Essay good. Moreover, if the art is good, Im not going to waste my time (and the clients money) arguing. Instead, Im going to amend or recommend that the application be abandoned. However, I rarely have to amend, and my recommendations for abandonment are few and far between. Instead, Im stuck with examiners trying to put lipstick on a sty full of pigs. This is where the MPEP and plain, old case law help me to show the examiners the Mix on Essays, errors of their ways. If the examiners ignore the rules, then they will get appealed, and since (from my experience) a very large percentage of applications I appeal never get an examiners answer, I would say that at least someone at the USPTO knows a solid argument when they see it. Unlike you, I know the MPEP, and I know all the goodies in it that are to applicants favor. And your point is?

If the Apart, art is good, no amount of MPEP is going to help you. Soc The! Its not like all examiners follow the rules anyway. If applicant didnt request documentary evidence, it probably would go to BPAI. If applicant did make a request, it would get re-opened and the examiner would be told, Go find a reference. Well it didnt in my preappeal I just got through having the other day. Appeal might follow so well see. Of course, that applicant dropped his request after he made it one time and I refused him, citing the MPEP (and some Zurko iirc, since he cited some).

I would imagine that 95% of the public thinks that patents are a good idea All of the public that I know of that arent serious applicants already who have done some homework think the patent system is a get rich quick lottery, or a way to make themselves feel accomplished. That is if were not counting the ones that know they dont know wtf it is and Fall Apart Essay admit it. In any event, I do hope that you can at least see that I am not relying on the judgement of obviousness for the overlapping portions of the Maya Angelou: and Poetry’s Fines, ranges, but rather the Okonkwo In Things, judgement of Maya Fines obviousness of the not overlapping portions, i.e. the actual different portions. As I said before, you dont know the difference between holding and a dicta in fact, you probably think holding is something what occurs during a football game which causes a flag to In Things, be thrown. We agree, however, with the Board that the 1991 schizophrenia, disclosure in Okonkwo In Things Fall, the McGill patent of a carbon monoxide concentration of about 1-5% does allow for concentrations slightly above 5%.

Thus, Woodruff found that there was overlapping ranges. As for Angelou: Life Fines, your distinction between overlapping/nonoverlapping portions, as I told you a couple of Okonkwo In Things Fall days ago, obviousness is based upon soc the the claimed invention, as a whole. If the claimed invention ecompasses obvious subject matter (i.e., the overlapping portion), then it doesnt matter about the non-overlapping portion. I know, I know difficult concepts for you to comprehend when you already have your mind set on your desired result. Regardless . you lose, yet again. I promise you pds, you have never had to deal with the likes of In Things Fall Essay me. Ive had to deal with far worse.

Although you are somewhat lazy, you arent entirely lazy. Fines! Some of the Okonkwo In Things Fall Essay, worst examinations are examiners who wont explain anything. As for Marketing Lululemon, you, you would be EASY to take care of. You try to be a lawyer and guess what? you arent, which means that you dont understand case law, the Okonkwo Essay, difference between dicta and a holding, and your reading comprehension is awful. Factual errors are harder to argue, but because you make so many legal errors, it would be easy to cut your arguments to Mix on Lululemon Essays, shreds.

Heck, I would prosecute some of Okonkwo Essay your cases for Company Lululemon Essays, free just for the fun of it and Okonkwo Fall Apart Im serious. Unlike you, I dont shirk my responsibilities and take the easy way out. You would be bit-ching and moaning about me for weeks after you got my first response. Unlike you, I know the MPEP, and I know all the goodies in how did industrialization lead, it that are to applicants favor. PDS, remember, the reason were anti-patent aka would like fewer allowed patents, is because of the In Things, whole public getting pissed about too many blatantly obvious patents slipping through.

Never forget that. Remember the old expression about soc the, throwing the baby out with the bath water. BTW I doubt that even the most ardent of patent critics can name no more than a dozen of Okonkwo In Things Apart these blatantly obvious patents. Moreover, if they are blatantly obvious, my response is the following: (i) the examiner did a shi tty job and (ii) request a reexamination of the patent. With over 7,000,000 issued patents, you are going to find some stinkers. Angelou: Life And Poetry’s Fines! Heck, with only a few thousand US patent examiners, we get the stinkers to show up on this board. As for the whole public, I guess most of those are (i) people who were afraid their Blackberries would stop working and (ii) the Okonkwo Fall Apart Essay, open source crowd. I would imagine that 95% of the public thinks that patents are a good idea however, the USPTO responds to the 5% squeaky wheels. Also, why do you think an official notice wouldnt make it through the board?

If applicant didnt request documentary evidence, it probably would go to BPAI. If applicant did make a request, it would get re-opened and the examiner would be told, Go find a reference. just like you dont say a prima facie case of anticipation. You could but you just dont. I almost always note the gide the immoralist, examiners failure to establish a prima facie case of anticipation. Its no different than obviousness.

Same with enablement, or written description. Its good practice to Okonkwo In Things Essay, cite the requirements for establishing a prima facie case, of whatever the issue is (e.g. obviousness, anticipation, etc.), and then explain why the examiners rejection fails to establish a prima facie case. clear prima facie case of nonpatentability Is a rejection under 112 even said to soc the, be prima facie under any circumstances? That seems out of place. The only reason we use those words is for Fall Apart Essay, 103 iirc. You dont say a prima facie case of indefiniteness just like you dont say a prima facie case of industrialization anticipation. You could but you just dont. Instead, I think the In Things Apart Essay, Patent Office should actually have a slightly lower standard, where close cases should be decided in favor of the applicant. You should have made your name: Anonprosecutor2008. Let the patent holder beware; enforce with caution.

I would agree with you that the system should be changed to work thus, but the current system of forcing them into having a patent that deserves a presumption of Company Lululemon validity would require a complete overhaul by congress to accomodate such a change. Bogese didnt involve RCEs. RCEs werent available yet in Mr. Bogeses time. I didnt say they were. I said the only reason you have them is because the Apart, pto used its inherent authority to give you a gift. RCEs are the evolution of CPAs, which were the evolution of 1991 schizophrenia FWCs Thanks for confirming my point. Also, why do you think an official notice wouldnt make it through the board? An Official notice made it through the board in your vaunted Zirko without so much as a second glance. And then it made it through the SCOTUS.

Ive also seen the Okonkwo In Things Fall Essay, scattered willy nilly around decisions, theyre not easy to spot though, the court just skips over them and barely mentions it unless the applicant raises it as an issue. You could be right, some people might be told to reopen. Itll depend on the simplicity of the notice taken most likely. The examiner can make a record of the questionable nature of the patent (i.e., the claims may potentially be found obvious over, etc.) in the file wrapper. Cant do that. See MPEP 707.07(d): Nor should he or she (i.e. the examiner) express doubts as to how did, the allowability of allowed claims or state that every doubt has been resolved in favor of the applicant in Okonkwo In Things Fall, granting him or her the soc the outsiders, claims allowed. Dont forget that first step, its the part that counts.

Its also the part JD will likely leave out, and be SOL because of. Ive never argued that an examiners statement is not substantial evidence. All Ive ever done to traverse the taking of Official Notice is request the required documentary evidence. Works every time. This is true that the examiner rarely requires him to. Because were an amicable lot. Personally I go through the trouble just to taunt them into appealing the Okonkwo In Things Fall Essay, matter to Essay, the CAFC. Lets see about that. The first thing that would be required for the case to wind its way to In Things Fall Essay, the Fed. Cir. would be you convincing the other appeal conferees that you could send the case up to BPAI relying on Official Notice. Very unlikely to happen.

Not impossible, but highly unlikely. Most likely (99.9+%) youll be told to re-open and cite a reference. The next thing that would have to happen is achilles iliad youd have to be affirmed by BPAI. Okay, we can all stop laughing now. You know what is funny JD? The only reason you EVEN HAVE RCEs is because of the pto using its inherent authority pre-1952 to give them to you. Ungrateful self-entitled upstarts these old timers are. Bogese didnt involve RCEs. Okonkwo Fall Apart! RCEs werent available yet in Mr. Bogeses time. RCEs are the gottesman, evolution of CPAs, which were the Okonkwo Apart Essay, evolution of FWCs.

The good thing about being an old-timer is you have some understanding of history. Mostly because you witnessed it first hand. Im just responding to the original post, since I havent had time to read all of the Maya Life Fines Essay, comments yet. In short, I dont agree with having a higher standard for Okonkwo In Things, 112 at the USPTO than the courts would use. The Patent Office is supposed to allow a patent application to issue as a patent unless the gottesman 1991 schizophrenia, resulting patent would fail to be enforceable. The Patent Office is Okonkwo In Things Fall Essay therefore supposed to examine applications and should only reject those applications where there is a clear prima facie case of nonpatentability. So, the Marketing Mix on Company Lululemon, Patent Office is supposed to Essay, act as a filter that prevents patents from issuing that would otherwise be easily invalidated by the courts. In my opinion, if there is a reasonable chance that the courts would uphold a patent as valid, then the Marketing Company, Patent Office should not be blocking its issuance.

Thus, in my opinion, the Patent Office should not have a higher standard than the Okonkwo In Things Fall Apart, courts for Maya Essay, compliance with 112 (or any other statute). Instead, I think the Patent Office should actually have a slightly lower standard, where close cases should be decided in Okonkwo In Things Apart Essay, favor of the Marketing Mix on Essays, applicant. Unfortunately, the Patent Office has become more of an obstacle than it was intended to be. Examiners seem content to block a patent even where its a close call. Okonkwo Fall Essay! Where applicants feel they can reasonably rebut such a borderline rejection, they refuse to give up and Maya Angelou: Life Essay continue to pursue a patent.

As a result, examination of each application takes longer than it should and we are left with the current backlog. If an Apart Essay applicant wants a patent thats somewhat questionable, the Patent Office should err in favor of the applicant and allow it. The examiner can make a record of the questionable nature of the patent (i.e., the claims may potentially be found obvious over, etc.) in the file wrapper. Let the patent holder beware; enforce with caution. That MPEP section you cite is the PTOs made up nonsense. It has no force of law. It does however have the force of 6k behind it. That force requires many $, and many months to even attempt to overcome. And dont worry JD, as soon as you challenge it as not having the force of law to the CAFC, it will have the force of andre gide the immoralist law. See the BPAI decision in In Things Fall Essay, 09/077,337 (pages 8-9, iirc).

All that is required to traverse Official Notice is a demand that the achilles iliad, examiner support the taking with substantial evidence. Thanks for the citation JD, I figured you had that one on hand. Fall Essay! JD knows this is the case where the attorney specifically stated that the examiners statement WAS NOT substantial evidence, and Mix on Company then incidentally demanded that he produce it. Okonkwo In Things Fall! Dont forget that first step, its the part that counts. Its also the part JD will likely leave out, and be SOL because of. Why? Because Im not required to. Thats why This is true that the examiner rarely requires him to. Because were an amicable lot. Personally I go through the trouble just to taunt them into appealing the matter to the CAFC.

PDS, remember, the reason were anti-patent aka would like fewer allowed patents, is because of the whole public getting pissed about too many blatantly obvious patents slipping through. Never forget that. Most aplicants do not want delay because of the 20 years from filing patent term. Shes right about the abuse though. Andre Gide The Immoralist! But by abuse cases she means cases where I didnt present an In Things Apart application that appeared to Maya Life and Poetry’s Fines Essay, be entitled to a patent. It is really her fault and she doesnt want to take responsibility for it. BTW, my first Miyazaki rejection passed my spe a few hours ago Amazingly I was not able to raise the issue in two other cases, at least without really digging. Just goes to show, that case will not be the Okonkwo Fall, end o the world even if it does cause some minor problems here and there. Yes. Bogese is the schizophrenia, ONE case the Okonkwo In Things, PTO can cite.

From that, they have attempted to latch on to the inherent authority discussed by the court in the ridiculous power grab that was the claim examination and continuation rules. You know what is funny JD? The only achilles iliad reason you EVEN HAVE RCEs is because of the Fall Essay, pto using its inherent authority pre-1952 to give them to the immoralist, you. Ungrateful self-entitled upstarts these old timers are. Regardless, how does one present evidence that the noticed fact is Okonkwo In Things Apart not considered to be common knowledge or well-known in the art. You might start by citing an obscure reference showing the andre gide the immoralist, noticed fact and stating you searched the relevant sub-classes and could not find a thing about Okonkwo Essay, it. Or, what I would do is gottesman state for the record that the Okonkwo In Things Apart, fact noticed was not substantial evidence. Your statement is just as much evidence as the examiners is 1991 schizophrenia right? Though its probably not as substantial as the examiners #128521; Until you have to deal with the likes of In Things Fall 6K on a daily basis, you wont understand all the unstated BS rules the USPTO employs. I promise you pds, you have never had to deal with the Maya Fines, likes of Apart Essay me. If you had, you probably wouldnt want to talk about it. Wed have to call you PTS from now on, for Mix on Company, post traumatic stress.

I showed you guys that movie clip where me and a handful of In Things Fall Apart examiners fought off wave after wave of Maya Life and Poetry’s Fines invading attorneys back in the day right? Im going to put this simply so that you might stand a chance of Fall Apart Essay comprehending it the second time I run it by you. When youre done, you will have no doubt noticed that there are two issues inter alia. First there is the issue of whether or not the ranges do indeed overlap. The court agrees with the board that they do because the Marketing Company Essays, prior art teaches about 5% and the claim says more than 5% which encompasses 5.00000001% which is in the prior art. Then, moving to the next issue, there is the issue of whether or not patentability could be found in the difference of the claimed ranges compared to the ranges in the prior art. The court then states: Nor can patentability be found in the difference in Okonkwo In Things Fall Apart, carbon monoxide ranges recited in the claims. The law is replete with cases in which the difference between the 1991 schizophrenia, claimed invention and the prior art is some range or other variable within the claims.

See, e.g., Gardner v. TEC Sys., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed.Cir.), cert. denied, 469 U.S. 830, 105 S.Ct. Okonkwo Fall Apart! 116, 83 L.Ed.2d 60 (1984); In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980); In re Ornitz, 351 F.2d 1013, 53 CCPA 716, 147 USPQ 283 (1965); In re Aller, 220 F.2d 454, 42 CCPA 824, 105 USPQ 233 (1955). These cases have consistently held that in such a situation, the applicant must show that the particular range is critical, generally by showing that the gottesman, claimed range achieves unexpected results relative to the prior art range. Gardner, 725 F.2d at 1349, 220 USPQ at 786 (obviousness determination affirmed because dimensional limitations in claims did not specify a device which performed and operated differently from the In Things Apart, prior art); Boesch, 617 F.2d at 276, 205 USPQ at Maya Angelou: Life and Poetry’s Fines Essay, 219; Ornitz, 351 F.2d at In Things Apart, 1016-17, 147 USPQ at 286; Aller, 220 F.2d at 456, 105 USPQ at 235. Woodruff has made no such showing in the present case. The only test results presented by Woodruff are the results reported by Mr. Bell, comparing Woodruffs claimed invention to the commercial embodiment of McGills method. While Woodruffs invention certainly showed superior fungi-inhibiting effect in these tests, the critical comparison is not with the commercial embodiment of McGills invention, but with the method taught in his patent. According to Mr. Life Essay! Bells declaration, the carbon monoxide concentration in the test group representing the In Things Apart Essay, commercial embodiment of Marketing Mix on McGills invention was allowed to drop to 0% after 4 days.

The McGill patent does not teach allowing the concentrations of any of the gases to fall out of the suggested ranges. I give applicants the Okonkwo In Things Essay, presumption that they are relying on the difference between their claimed range and the inherent range of the reference even though it is not concretely known if there is a difference or not. If there was no difference then I would have to use overlapping range caselaw, or within the range caselaw. As is, it seems to me the court is speaking to the difference between ranges. Considering that, is it improper to use Woodruff for 1991 schizophrenia, a case that does not involve an overlap, and is it improper to thus use the courts statements as above to say that the applicant must show criticality, rather than myself? In any event, I do hope that you can at least see that I am not relying on Okonkwo Fall, the judgement of outsiders obviousness for the overlapping portions of the ranges, but rather the judgement of obviousness of the Okonkwo Fall Apart, not overlapping portions, i.e. the actual different portions. pds observed, Until you have to deal with the achilles iliad, likes of In Things Fall Apart 6K on a daily basis, you wont understand all the unstated BS rules the industrialization, USPTO employs.

I could not agree more. The USPTO has no apparent desire to Okonkwo In Things Fall Essay, allow claims that are remotely close to the boundaries of patentable subject matter to which applicants are entitled. They too often reject based on gut feelings about soc the, what may or should be prior art and, as a result, rely on mediocre references and less than mediocre rationales, if any. Anyone with any amount of experience before the USPTO knows that the they will reject until the overly narrowed claims can survive a challenge based on their imagined prior art. The U.S.

Patent and Trademark Office has decided to stop releasing its annual list of the top 10 organizations receiving the In Things Fall Apart, most U.S. patents. In ceasing publication of the top 10 list, the USPTO is emphasizing quality over Marketing Mix on Company Lululemon quantity by discouraging any perception that we believe more is better, says Patent Office deputy director of public affairs Brigid Quinn. For the Fall Apart Essay, past four years, USPTO has focused on the quality of the gottesman 1991 schizophrenia, patents it issues. We are now seeing the results of those efforts. In Things Fall Essay! Last year, patent quality was the best in over 20 years, and the agency also had the lowest rate of how did industrialization lead to imperialism patents approved in more than 30 years. We didnt want to trump that by turning around and putting out a top 10 list that glorifies quantity over quality, where quality is really the focus. In a world were R#038;D is ever-expanding; where new forms of technology are being discovered literally every day; and where there is Okonkwo In Things Essay natually more discovery than there ever was before (based simply on a greater population), the USPTO has decided that less patents is better. Stop sticking your head in the sand the Marketing, USPTO is anti-patents. When countered with the abundance of allegation of USPTO stalling, I believe this adds one more piece to the puzzle; sometimes the Okonkwo In Things Fall Essay, applicants themselves stall prosecution. If you knew anything about In re Bogese and the law, you would now that it dealt with an gottesman schizophrenia EXTREME example of applicant abuse that isnt even possible for any applications filed after June 8, 1995, after which the patent term changed from 17 years from issue to 20 years from filing. This case was about dealing with submarine patents. Most aplicants do not want delay because of the 20 years from filing patent term. For every In re Bogese case you can find over the last 10 years at the USPTO, I can look at my current docket (and mine alone) and find you 20 examples of USPTO abuse.

Can you clarify why your comments are relevant to my questions about 112 2nd? My bad, I meant to cite: In my experience, I have never seen an practitioner try to specifically point out the supposed errors in the examiners action, which would include stating why the noticed fact is Okonkwo In Things Fall Essay not considered to be common knowledge or well-known in the art.http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2144_03.htm Nobody123, the Angelou: Life and Poetry’s Fines, reason youve never seen any practitioner state why the noticed fact is not considered to In Things Apart Essay, be common knowledge is soc the outsiders because that is not a requirement to traverse the taking of Official Notice. That MPEP section you cite is the PTOs made up nonsense. Okonkwo Fall Apart! It has no force of law. See the BPAI decision in 09/077,337 (pages 8-9, iirc). All that is industrialization lead required to traverse Official Notice is a demand that the examiner support the Apart, taking with substantial evidence. At most, the best Ive seen is some kind of blanket traversal without any explanation. Can anybody chime in industrialization lead to imperialism, with their experience?

Yes. Okonkwo Fall! My experience is that every time an examiner takes Official Notice, I simply respond by soc the, requesting that the In Things Apart Essay, examiner provide documentary evidence in support of the taking. Soc The! I NEVER state, or even argue, why the facts noticed arent considered to be common knowledge. Why? Because Im not required to.

Thats why. While we may consider the MPEP, being drafted by the USPTO, to be self-serving and of course would not address torts committed by Apart, the USPTO, I believe that at least one instance of applicant/practitioner stalling exists. Yes. Bogese is the ONE case the PTO can cite. Achilles Iliad! From that, they have attempted to latch on to the inherent authority discussed by the court in the ridiculous power grab that was the claim examination and continuation rules. Mr. Toupin was actually bold enough to cite Bogese to the Fed. Cir. He barely got the case cite out of his mouth and was immediately shot down.

the USPTO requires an EXTREMELY narrow and lengthy claims Can you cite any specific guidelines for this? Is this conclusion gleaned from experience or did you actually get this from In Things Essay, a USPTO representative? As I said before, you dont practice before the USPTO. I dont care how many applications you have reviewed. How Did! Until you have to deal with the In Things Apart, likes of achilles iliad 6K on a daily basis, you wont understand all the unstated BS rules the USPTO employs.

In my experience, I have never seen an practitioner try to specifically point out the supposed errors in the examiners action, which would include stating why the noticed fact is not considered to be common knowledge or well-known in the art. Because that language was recently added to the MPEP and the MPEP is not binding law. The reference to 37 CFR 1.111(b) is prefaced by see which means there is no literal support for their requirement, they are just hoping that their requirement can been seen from this rule. Regardless, how does one present evidence that the noticed fact is Okonkwo In Things Apart Essay not considered to be common knowledge or well-known in soc the, the art. You are trying to prove the non-existence of something. Looks like you responded to just about everything except my actual woodruff citation, way to In Things Fall Essay, go pds. What I wrote is that Proving the criticality of a range is only necessary AFTER the examiner has established a prima facie case of obviousness based on overlapping ranges (see MPEP 2144.05(B)(III)). In the case where the claimed ranges overlap or lie inside ranges disclosed by and Poetry’s Essay, the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir.

1990) (The prior art taught carbon monoxide concentrations of about 1-5% while the claim was limited to more than 5%. The court held that about 1-5% allowed for concentrations slightly above 5% thus the ranges overlapped.) As such, I addressed Woodruff (i.e., overlapping ranges for establishing a prima facie case). 6K you really need to work on your reading comprehension. David wrote:: The heart of patent examination is in sections 102 and 103. Okonkwo! Other sections 101, 112, etc. are SUPPOSED to andre gide the immoralist, be fairly low thresholds of formality and competence. But have you *seen* some of the that gets filed these days? Even a fairly low threshold could trip some of In Things Fall Essay our fellow practitioners. Ah, nothing like the stale scent of sanctimonious drivel to Marketing Mix on, start the In Things Fall Apart, week. Lovely to see that you noticed the slight sent your way.

Instead of, once again, adding a meaningless comment that in no way advances the achilles iliad, conversation, why dont you think about why the scent is so stale? Perhaps youd realize that the staleness is because your comments by Okonkwo, and large have been so meaningless for so long that in the event that you actually have something worthwhile to add, bored (sic) readers simply see that the post belongs to you and either. a) ignore out of hand. b) get a whiff and then ignore the contents as more of the gide, same useless pontificating. d) with seeming futily, try to give you candid advice that you yourself are too sanctimonius to consider let alone act upon. Im a little unclear on what youre saying by it already doesnt exist, or, more specifically, that it exists, but that it is never proper. What is it? ON? In my experience, I have never seen an practitioner try to specifically point out the In Things Fall Apart Essay, supposed errors in the examiners action, which would include stating why the noticed fact is Maya and Poetry’s not considered to be common knowledge or well-known in the art. At most, the best Ive seen is some kind of blanket traversal without any explanation. Can anybody chime in with their experience?

ON=official notice. Thats the topic of the conversation dude. Yes I could show you a case where they did properly traverse, JD knows which one it is but I dont remember the app no. Anyway, pds already stated her position for you. Shed get rid of it and she doesnt like it because shes grumpy, or probably just igno rant. She claims it is misused, but it is Okonkwo In Things Fall probably properly used but she just doesnt have knowledge akin to common knowledge in soc the outsiders, her arts. If I say usuing LEDs in Okonkwo Essay, flashlights is old and well known as of 2005, theyd traverse the 1991, fact. I know that guy lol. Okonkwo In Things Fall Apart! See him all the time still but dont talk to him often. Hes a character, Im surprised he didnt make a joke about the allowance rate. I have never seen any representative from the USPTO state that their goal is and Poetry’s zero allowance.

There are a few examiners who will admit this to you though. Okonkwo Fall! It is usually only in specific AUs, not for achilles iliad, the office as a whole. Okonkwo In Things! I can introduce you to examiners who will tell you they cant allow but maybe 7 patents a year barring some really convincing cases popping up. When countered with the abundance of allegation of USPTO stalling, I believe this adds one more piece to the puzzle; sometimes the Marketing Company, applicants themselves stall prosecution. I know of a case on my docket where that is happening. I keep daring them to Okonkwo Fall, appeal, practically begging. But they just will not do it. Theyll change the claims in andre the immoralist, some way that still reads directly on the art already applied and file another RCE.

Were coming up on no. 3 iirc. Okonkwo In Things Apart Essay! I used to give them first action finals, but my new boss doesnt like us to do that if they amend at all. Ridiculous policies. First action finals are there to achilles iliad, reduce applicant heeing and hawing. So far as I can see there is no other reason for Okonkwo In Things, them to exist.

A refreshing read of exchanges here on the board without the usual useless noise of personal attacks, excrement and other fluff. Ah, nothing like the stale scent of sanctimonious drivel to start the week. I just want to 1991 schizophrenia, throw in one last thing tonight. The MPEP talks about prosecution laches: The Federal Circuit affirmed a rejection of claims in a patent application on the ground that applicant had forfeited his right to a patent under the doctrine of Okonkwo In Things Fall prosecution history laches for unreasonable and undue delay in prosecution. In re Bogese, 303 F.3d 1362, 1369, 64 USPQ2d 1448, 1453 (Fed.

Cir. 2002) (Applicant filed twelve continuation applications over an eight-year period and did not substantively advance prosecution when required and Maya Angelou: Life and Poetry’s Fines Essay given an opportunity to do so by the PTO.). While we may consider the MPEP, being drafted by the USPTO, to Okonkwo, be self-serving and of course would not address torts committed by the USPTO, I believe that at how did industrialization lead, least one instance of applicant/practitioner stalling exists. When countered with the abundance of allegation of USPTO stalling, I believe this adds one more piece to the puzzle; sometimes the applicants themselves stall prosecution. Ahh gee whiz how about this.

You are asking these questions and you dont know what the USPTOs take is. Okonkwo Apart Essay! These links you posted fall under 101. To the best of my understanding, the USPTO is applying this decision by requiring method claims to pass the machine or transformation test. All other facets of 101 prior to this decision remain intact. Can you clarify why your comments are relevant to my questions about 112 2nd? And as most applicants will tell you, Ive rejected it as a terrible idea. In exchange for a faster allowance, the industrialization to imperialism, USPTO requires an OVERWHELMING level of applicant-led examination and EXTREMELY narrow and Okonkwo In Things Essay lengthy claims. As any litigator will tell you, this type of claim is Maya Life Essay utterly useless for Okonkwo In Things Fall, enforcement. And its not even a guarantee! The applicants request for accelerated examination may well be rejected by the USPTO, leaving the applicant with very expensive preparation costs for a narrow application that STILL isnt examined for six years. Can you address specifically to schizophrenia, which part of the required documentation you object?

While I agree this is more work for Okonkwo, the practitioner, the achilles iliad, USPTO recommends mapping claim limitations to In Things Apart Essay, the best art with a table checking which art teaches which limitation. From a strategic perspective, assuming you get approved, this program put extreme pressure on the Corp to Maya Angelou: and Poetry’s Fines Essay, crank out In Things Essay, final disposition within 12 months. While I acknowledge that pre-exam for program qualification is rigorous, once you get approved, the examiner is required to search the disclosed invention, as opposed to a mere suggestion by the MPEP: Both claimed and unclaimed aspects of the invention described in the specification should be searched if there is a reasonable expectation that the achilles iliad, unclaimed aspects may be later claimed The accelerated exam program requires examiners to identify allowable subject matter in the specification, if any, as opposed to leaving the examiner to Okonkwo Fall Apart, determine if there is gide the immoralist a reasonable expectation that the unclaimed aspects may be later claimed. Additionally, since the examiner is Apart under pressure to andre, move the case, and because the applicant bears additional burden search requirements on top of the In Things Apart Essay, duty to Marketing Lululemon, disclose known art, can the examiner be less accountable for identifying allowable subject matter? I mean that the Okonkwo, examiner could be less gun-shy because the applicant bears more of soc the a burden for In Things Fall Apart Essay, a bad allowance. Outsiders! The examiner also has less time for Essay, searching. Would these be good reasons for an examiner to allow a case? the USPTO requires an EXTREMELY narrow and lengthy claims Can you cite any specific guidelines for Marketing Mix on Company, this?

Is this conclusion gleaned from experience or did you actually get this from a USPTO representative? Respectfully, I find your assertion not to be supported anywhere in the MPEP. In fact, the MPEP says to In Things, reject unduly long claims as prolix: Claims are rejected as prolix when they contain long recitations that the metes and bounds of the Angelou: Life and Poetry’s Fines, claimed subject matter cannot be determined. Could you clarify? The applicants request for accelerated examination may well be rejected by the USPTO I agree that acc. exam. requests are processed by special examiners, but in Apart, my review of achilles iliad these cases, the special examiner clearly sets forth the errors for denying acc. exam. status so that the practitioner can correct the deficiencies. In 100% of Fall Apart these cases, I have found that the achilles iliad, request is Okonkwo later approved when the deficiencies are corrected. What has been your personal experience? leaving the applicant with very expensive preparation costs for schizophrenia, a narrow application that STILL isnt examined for six years.

I think this is highly dependent on the art. While it is true that pendency for first action is 6 years in Okonkwo Fall, some areas, I know several areas where the backlog is practically gone. As said above, it seems like were using the to imperialism, worst of the bunch to represent the Fall Essay, group. Can you comment? Its a terrible idea. Industrialization Lead To Imperialism! Thats not just my conclusion: out of 500,000 apps filed in 2008, only 1,400 about In Things Fall Essay, 0.3% were petitioned for accelerated examination. I neither agree nor disagree with your conclusion. Based on Company, my experience, some of the practitioners I spoke with do not know that the accelerated program even exists. We would need more evidence why 99.7% do not file. Without more evidence, I am not comfortable saying that failure to Okonkwo, enter the program amounts to a conscious value judgement on the program by achilles iliad, the applicant/practitioner. The Office needs to stop power grabbing and thinking about Okonkwo, changing the 1991, playing rules and Okonkwo Fall Apart Essay start focusing on playing as the rules are.

If you are bad at American Football, dont try to change the game to what the world calls football (and what we in Angelou: Life Fines Essay, the States call soccer), get a new coach and practice, practice, practice. If the General Manager/Owner does not want to Okonkwo In Things Apart Essay, hire a stellar coach, or obtain talented players, insisting on drafting raw talent that will take years to achilles iliad, develop, then there can be no surprise that the team will suck in the short to mid term. I think the biggest problem is the pay scale. A lot of examiners, especially attorneys, leave because of low pay. Unfortunately the Okonkwo Essay, pay scale cannot be raised until the examiners union is disbanded. Like the auto industry, they live and andre gide the immoralist die by the union. I personally believe that the best way would to give the examiners pay raises. That way, the good ones wont leave. Second, examiners should be given strict examining guidelines drafted by OPLA.

This will ensure uniformity so that the practitioners will know exactly what to expect, and Okonkwo In Things Fall Essay perhaps it will rope in rogue examiners as well. Because these things have been used to limit our claims and hence hurt our clients. How would you balance getting an achilles iliad allowance in the first place with unduly limiting the claim scope? It seems that trying to do one affects the In Things Fall, other. Fewer filings: John Love (Deputy Commissioner for the USPTO) talked about the goal of achilles iliad reducing applications at this years Partnering in Patents program. So did John Whealan (Deputy GC and Solicitor for Okonkwo Apart Essay, the USPTO) during his address at the AIPLA Annual Meeting two months ago. And fewer filings is the stated intent of the hard-pushed-for continuation rules. Essays! Etc. Respectfully, this is not the impression I got from John Love or any of his representatives.

I was there for the 10/22/2008 Partnering in Patents presentation. Fall! I listened very intently during John Loves speech. I do not recall him saying that his goal is to reduce filings. Would you happen to have a transcript or something like that? Perhaps I was tuning out for a moment and did not fully comprehend his comments. Fewer allowances: Did you see this chart from my post? That chart shows plummeting allowance rates historically low, in Marketing Company Lululemon Essays, fact.

And that slide came from this report in which the USPTO slaps itself on Apart, the back for having met its primary goals for gottesman, 2006 which centrally includes reducing the allowance rate. That trend (and that goal) continued in 2007 and 2008. Here is this years report in which the USPTO again applauds itself on achieving a historically low 47.3% allowance rate. I am not sure I would characterise the USPTO in the manner you did. If you recall, during the Okonkwo Fall, Pet Peeves portion of the soc the, 10/22 meeting, the Bars chief complaint was the In Things Fall Essay, allowance rate. Robert Kim for the USPTO responded by saying that we allow what is and Poetry’s Fines Essay allowable. I personally would characterise the USPTO as citing the reason for Apart Essay, low allowance rates to be: a) the subject matter in view of the gottesman 1991 schizophrenia, prior art, and b) the quality of the applications. In my opinion, this perspective is more consistent with everyone from the USPTO that I spoke with about the allowance rate. They seem to blame the applicant for the allowance rate.

Although it may be true of Okonkwo In Things Essay some individual examiners, I have never seen any representative from the USPTO state that their goal is zero allowance. Specifically, I would like to respond to this comment: http://www.uspto.gov/web/offices/com/speeches/06-73.htm. in which the USPTO slaps itself on Maya Angelou:, the back for having met its primary goals for 2006 which centrally includes reducing the allowance rate. In that report, the USPTO acknowledges the low allowance rate: At 54%, the patent allowance rate was also the lowest on record. I did not see any direct patting on the back. Okonkwo Apart Essay! Could you please clarify on what leads you to conclude this? it is exactly counter to soc the outsiders, the stated desires of the current USPTO administration Can you cite explicitly where your assertion comes from? So why does the Okonkwo In Things Apart, USPTO want to squelch patent filings? Great question. Achilles Iliad! I have some answers for you, if you want them.

Please share. Apart! I am very curious. Theres a sort of tribal warfare going on soc the, among the examining corps, USPTO administration, the CAFC, patentees, and the public and everyone is losing. I will agree with you there. I noticed that the push for business method quality in the early 2000s was met with lower allowance rates. Now it seems like the Okonkwo Fall, pendulum wants to swing the other way.

Perhaps we want less quality and more allowances, and let the courts sort out the claims? Is this what you want? On that we can agree, except that there are likely outstanding members and less good members of both catagories. Andre! Sometimes I get the feeling that many of us on this board are perhaps some of the more outstanding ones and were always btching that the suc ky members, that presumably make up the majority, of the opposite In Things, catagory suc k. And were probably right. I agree. We shouldnt judge a group based on the worst member. His proposal is that it already doesnt exist, or, more specifically, that it exists, but that it is never proper. Of course this is Company outrageous, but, if wed had to put up with as many bad ON as he probably has, wed probably feel the Okonkwo In Things Apart Essay, same way. Im a little unclear on what youre saying by it already doesnt exist, or, more specifically, that it exists, but that it is never proper.

What is lead it? ON? In my experience, I have never seen an practitioner try to specifically point out the supposed errors in the examiners action, which would include stating why the noticed fact is not considered to Apart Essay, be common knowledge or well-known in the art. At most, the best Ive seen is some kind of blanket traversal without any explanation. Maya Life And Poetry’s Essay! Can anybody chime in with their experience? I think if you have test data to In Things Apart Essay, prove unexpected results it is patentable. for the limited ranges bookended by the prior art, that is.

I believe you are 50% correct. According to the MPEP, criticality, including unexpected results, may be used to rebut the prima facie case of obviousness: link to uspto.gov. I would be hesitant to gottesman, say that the claim would be patentable because assuming the best reference is applied: a) the rebuttal may not be germane if the art is anticipatory, b) the Okonkwo In Things Fall Essay, rebuttal is not sufficient to under MPEP 716.02 and subsections thereunder: link to uspto.gov. and/or c) the claim is not statutory. I would agree that establishing criticality correctly would/should overcome prima facie obviousness.

Whether the claim is Maya Life and Poetry’s allowable depends on Okonkwo In Things Fall Essay, other factors. Fair? Attorneys say that Exrs h=te searching while Exrs say that attorneys decline to say what the Angelou:, invention is, and how can they do a proper search until they know what it is. I have a feeling that practitioners are reluctant to create file wrapper estoppels by Fall Apart Essay, unduly limiting the claim scope during prosecution. Examiners are reluctant to allow claims that may have broader claim scope during enforcement than the scope adopted during prosecution. Is this true?

I have never known an examiner to evince consternation that the MPEP or unwritten patent office policy prevented them from rejection a claim they felt was unclear for how did industrialization lead, failing to meet the requirement of 112 2nd paragraph. I know there was some grumbling prior to this decision: link to patentlyo.com. Some examiners were of the opinions that 112 sixth limitations directed towards computer related inventions should be rejected under 112 second if the In Things Fall, specification does not clearly set forth the special purpose computer with special algorithms embedded therein. Other examiners believed that the limitations should be interpreted broadly to encompass pure function, and andre could be addressed by functional art. The first group believed that the claim is Fall Apart indefinite while the andre, second believed that absent any assertion from the practitioners, any 112 sixth limitation should be interpreted to In Things, envelop any structure capable of performing the recited functionality. Ive seen actions go both ways and Mix on it appears that there were some internal struggles between these two groups.

the depth and breadth of Okonkwo In Things Apart Essay ignorance and even more clearly inexperience clearly evident in many of the gottesman 1991, comments on this point does not bode well for the future of the patent system, and likely indicates the reason there are so many bad ideas being given undue credance in the largely misguided debating going on regarding the In Things Fall, USPTO and patent reform In general, or are you referring to any specific points raised on this blog, or this thread in Maya and Poetry’s Essay, particular? A refreshing read of exchanges here on the board without the usual useless noise of personal attacks, excrement and other fluff. Thank you especially to In Things Essay, Nobody123 your input smacks of Life Fines reason, applied intellect and a certain openness to a healthy exchange of views. Thank you. Because I am fairly inexperienced compare to some, I am rather unbiased towards either side. I should add, the only app that I have had go to preappeal with a off notice used in Fall Apart Essay, the case so far ended up amending around the off notice and getting slapped with a reference for andre, his more narrow claim anyway. Btw, that preappeal is going to Fall Apart, appeal. Or, more likely, RCE. (after your SPE beats you down, yet again, for your abuse of taking official notice) I have never had such a thing happen.

Ive made an gottesman 1991 schizophrenia improperlol combination of two pieces of AAPA. And Ive also made a proper but against policy restriction. In Things! The only two fish to get away from me yet. I probably could have still gotten the achilles iliad, restriction one but I decided to be generous, i.e. Okonkwo Fall! throw them into limbo where their app will ro t for another 5 mo (it has been 5 already). They had to how did to imperialism, pay the appeal fee already.

Even if they did file an appeal, it would probably be improper because the whole problem with the app is an improper restriction, which is Okonkwo Fall Apart only petitionable. The 112 rejection based on achilles iliad, the application having no claims left is Fall Essay 100% proper if the Mix on Essays, restriction stands. I havent decided yet if I should drag my feet until they have to Okonkwo In Things Apart, file an actual appeal, and Marketing Company Lululemon Essays then watch as it is Okonkwo Fall deemed improper. Maya! Do you have a position on this? Like I would ever suggest an amendment to save face. Keep dreaming. Hah, I hardly make a suggestion when you pathetic attorneys come begging for one. Fall Apart Essay! The only thing Id do to save face is Lululemon Essays another couple of google searches and write you up a 102b.

Which is what I did in Okonkwo Fall, the app with the improper AAPA combination. I should also add, the reason I made that AAPA combination was because my old boss gave me the ok. If I didnt have a new boss the case would probably have gone to appeal. Maya Angelou: Life Essay! I really ha te changing bosses. Always a new policy. And they ALWAYS start out wanting me to get with them for interviews. Slowly they realize that I have a lot of interviews and it is to their benefit to let me handle the small fish.

Looks like you responded to just about everything except my actual woodruff citation, way to go pds. due to managerial incompetence they cannot keep up with the filing increase which makes them look bad so the alternative is to squelch patent filings Yep, thats one of the clear-cut answers. For whatever reason, the USPTO cannot bail itself out of its backlog, so it wants a vast reduction in filings. (I think this is criminally irresponsible for three reasons: 1) Issuing patents is, um, the primary function of the USPTO. In Things Fall Essay! Any procedural change that involves arbitrarily reducing patent issuances is a flagrant violation of the USPTOs CENTRAL PURPOSE. Its like asking a doctor to save fewer of the patients that he treats, or asking a policeman to Maya and Poetry’s Fines Essay, arrest fewer criminals.

2) We have a MASSIVE and growing unemployment problem in Okonkwo Fall Apart Essay, the U.S. particularly in high-tech areas! The USPTO can *definitely* hire its way out of this problem, particularly now! And at the same time, the USPTO gets to create jobs that help the economy and to imperialism with the bill footed by patentees! Why the hell the USPTO doesnt see this is beyond me. 3) Regardless of how many of Fall Apart its self-serving goals it meets every year, the fact remains that USPTO management has *abysmally* failed to fix the central problems with the institution.

It is attempting to shift the attention and industrialization lead to imperialism blame to greedy patentees and unethical practitioners in an attempt to shield itself from hard-hitting questions that it cant answer.) But I think that fewer applications is only half of the explanation for the USPTOs position. Does anyone else wonder about the USPTOs obsessive interest in patent quality (despite the complete nebulosity of that term?) From 1996 to about 2005, the USPTO gained a certain level of Okonkwo Apart Essay public visibility as patenting came into outsiders, vogue. Unfortunately, a lot of that PR was negative. Amazons OneClick patent and the RIM vs. NTP cases generated a ton of bad political press. The open-source software community decided to Okonkwo In Things Essay, use its kum-ba-yah mojo to demonize the patent system largely as a foil against sworn enemies like Microsoft. Gottesman Schizophrenia! And everyone loved weighing in with half-baked opinions on In Things Apart, how to fix the patent system, citing lame patents like method of training a cat with a laser pointer and method of swinging a golf club. At that juncture, the USPTO had some options.

It could have stood up for itself and its examiners. It could have educated the public about the practicalities of the patent system (particularly for software), and Maya Angelou: Life and Poetry’s explained why OneClick wasnt the debacle it seemed. It could have stood its ground as THE skilled entity in declaring patentable subject matter. Instead, the USPTO suffered a catastrophic spine failure. It caved to In Things Essay, public pressure. The USPTO chose to respond, youre right, we suck and its ALL THEIR FAULT! pointing at lead to imperialism, applicants and Okonkwo In Things Apart Essay the patent bar.

Thus began the current era of warfare between patentees and well, everyone else with the opposing charge centrally led by the USPTO! Why did it choose this route? Frankly, I dont know. But I view it as a first-order betrayal of the Marketing, interests of its customers, and of the central mission of the patent office: to ISSUE PATENTS. David btw, nice comments, again. Can you comment more on what this take is? Please feel free to In Things Fall Apart, post links and provide citations for further research.

Thanks. Ahh gee whiz how about this. You are asking these questions and you dont know what the USPTOs take is. Just to clarify, are you in effect proposing that we get rid of Official Notice altogether? I dont mind the proper use of Maya Angelou: Fines Essay it, but it is the improper use of In Things Essay it that is the problem. Still I would get rid of it. If an examiner wants to take Official Notice of Marketing Mix on Lululemon something, just find a reference. If you cannot find a reference, then the examiner shouldnt have taken official notice. As for the rest of your comments honestly, they are minor issues.

If the examiner has personal knowledge, then force the examiner to prepare an affidavit executed under the penalty of law. Ill agree to that because the examiner is less likely to fudge the facts. As for citing references after the filing date for a universal fact, then again, I dont care. Okonkwo In Things Apart! If it is a univeral fact, then it would be inherent in the prior art, so again, it really doesnt matter. It goes something like The applicant has not established the critical nature of how did industrialization lead to imperialism *range x* and since It is In Things Essay common for the difference between the prior art and andre the claimed invention to Okonkwo Fall Apart Essay, be some range or other variable, in such circumstances the applicant must establish the criticality of the andre gide, claimed range.

Thanks for proving that you dont know how to properly apply the case law. Proving the Fall, criticality of a range is only necessary AFTER the Fines, examiner has established a prima facie case of obviousness based on overlapping ranges (see MPEP 2144.05(B)(III)). Okonkwo In Things Essay! If you dont have an overlapping range, you have to gide, show an Okonkwo In Things Apart Essay art-recognized, result-effective, variable. So many examiners cite that criticality bs language without realizing that the BURDEN is on THEM. Lazy, incompetent; lazy, incompetent; lazy, incompetent two ways of describing an examiner. Furthermore, what would stop me from taking official notice of the claimed parameter being known to be result effective Nothing. Mix On Company Lululemon! You have already long-established that you dont care about following the law. However, if you take official notice, Ill traverse, and then Ill take it to appeal.

However, it wont ever make it to the BPAI, because youll be reopening after the appeal conference (after your SPE beats you down, yet again, for your abuse of taking official notice) or calling me in an attempt to offer up some amendment that will allow you to Okonkwo Fall Apart, save face. or simply alleging implicitness to the reference maybe backed with some rational sciencespeak Good luck with that. I absolute LOVE when an examiner tries that BS. Make sh it up the classic examiners response to not finding good art instead of allowing the application.

the proposal is good or bad.errit depends on the immoralist, when insolubly ambiguous is considered to be reached. So uncertain just as the insolubly ambiguous itself. by now folks are experienced enough to In Things Apart Essay, hit the note RIGHTeverytime :) by the Maya Angelou: Life Fines, waythe proposal would, for sure, lower the standard So why does the USPTO want to squelch patent filings? Great question. In Things Fall Essay! I have some answers for you, if you want them. due to Lululemon Essays, managerial incompetence they cannot keep up with the filing increase which makes them look bad so the alternative is to squelch patent filings. The USPTO wants exactly two things at this point: (1) Applicants to file fewer applications, and.

(2) Examiners to allow a very small percentage of filed applications. Do you have any evidence of this? Nobody123, the In Things Fall Apart, USPTO openly admits both of these goals. So, yes, I have heaps of soc the evidence. Fewer filings: John Love (Deputy Commissioner for the USPTO) talked about the goal of reducing applications at this years Partnering in Patents program. So did John Whealan (Deputy GC and Solicitor for In Things Essay, the USPTO) during his address at the AIPLA Annual Meeting two months ago. And fewer filings is the stated intent of the hard-pushed-for continuation rules. Etc. Fewer allowances: Did you see this chart from my post?

That chart shows plummeting allowance rates historically low, in fact. And that slide came from this report in which the achilles iliad, USPTO slaps itself on the back for Okonkwo In Things, having met its primary goals for 2006 which centrally includes reducing the allowance rate. That trend (and that goal) continued in 2007 and 2008. Here is this years report in andre, which the USPTO again applauds itself on achieving a historically low 47.3% allowance rate. From a management objective, if I were a manager for the USPTO, I would want: (a) Applicants to file as many applications as possible, and. (b) Examiners to allow as many filed applications as possible (with adequate quality of course). Thats a very logical and straightforward thought. Unfortunately, it is exactly counter to the stated desires of the current USPTO administration. Yes, I agree with you that this is nonsensical. Economists look at high rates of patent filings and issuances as an indicator of economic health. And of course, the Okonkwo, rise in patent filings over soc the the last 30 years closely matches the increasing rate of corporate R#038;D investment, which is sort of logical.

So why does the USPTO want to Okonkwo In Things Essay, squelch patent filings? Great question. I have some answers for you, if you want them. Do you have statistics on the quality of the applications being rejected? Of course not and neither does anyone else. The quality of any particular patent is impossible to quantify. It requires a detailed assessment of the gide the immoralist, state of the art (including technology, law, and business), the magnitude of the problem solved, the ingenuity of the solution, the completeness of the description, the Essay, clearness and breadth of the claims, the achilles iliad, commercial value and uses of the patent, etc. Patent quality is an entirely subjective term. If you ask an examiner, a USPTO official, a patentee, a technologist, and a CAFC judge what quality means, youre likely to In Things Essay, get five (or more!) different answers all legitimate, but all incomplete, and often contradictory (breadth vs. narrowness; assertive and creative claiming vs. clear allowability.) The bottom line is that patent quality is a red herring. Industrialization To Imperialism! Everyone who uses the term simply does so to push an agenda that suits his or her particular interests.

Thats why weve had so many patent reform initiatives and In Things Fall Apart Essay no consensus. Of course, this lack of consensus has caused the misery and chaos apparent in the patent system today. Theres a sort of tribal warfare going on among the examining corps, USPTO administration, the CAFC, patentees, and the public and everyone is losing. Have you considered the accelerated examination program? Of course. And as most applicants will tell you, Ive rejected it as a terrible idea. In exchange for a faster allowance, the USPTO requires an OVERWHELMING level of applicant-led examination and EXTREMELY narrow and lengthy claims.

As any litigator will tell you, this type of claim is utterly useless for enforcement. And its not even a guarantee! The applicants request for accelerated examination may well be rejected by 1991 schizophrenia, the USPTO, leaving the applicant with very expensive preparation costs for a narrow application that STILL isnt examined for six years. Its a terrible idea. Thats not just my conclusion: out of Okonkwo In Things Fall Apart 500,000 apps filed in 2008, only 1,400 about 0.3% were petitioned for accelerated examination. MaxDrei, I always enjoy your comments. I too have been impressed with Obamas choices so far and have great hopes for the PTO. Regarding incentives: it is soc the true that U.S. patent attorneys have been backing off from specificity in various ways lately.

Each time we get slammed for a practice, we try not to do that anymore. Okonkwo Essay! So now we cant say what the invention is, we cant discuss prior art in detail, we cant have objects of the invention (except perhaps one very broad one). Schizophrenia! Because these things have been used to limit our claims and hence hurt our clients. I dont know the answer, but I do recognize that its a problem. Dennis (and readers) Im simply gobsmacked by the quality of Okonkwo Fall Apart Essay Obamas science appointments (Harvards Holdren the most recent). Seen from Europe, the contrast with the last 8 years could not be starker. But can he match that quality, in his patent appointments? I bet he can. Well, Noise, I should think that the imperative is to outsiders, write simple, robust, logical, fair Rules of Play that command respect, so that all players who dont respect the spirit of the Rules know that they are going to get short shrift.

Im not at all sure that the Rules of Patent Play, in the USA, meet that criterion. But then I would think that, wouldnt I, because Im looking over Okonkwo In Things Apart from another playing field. I find that Americans think the Rules of industrialization lead to imperialism Cricket are crazy, whereas the Okonkwo Fall, cricket-playing nations of the Mix on Lululemon Essays, world, in Europe, Africa, Asia and In Things Essay The Americas, worship them. A refreshing read of exchanges here on the board without the schizophrenia, usual useless noise of Okonkwo In Things personal attacks, excrement and other fluff. Thank you especially to Nobody123 your input smacks of how did to imperialism reason, applied intellect and a certain openness to a healthy exchange of views. I do not think that you are misreading the tendency here in the States for a vague as possible initial filing, but I do believe that your mission to make the Essay, US adopt Europe practice is achilles iliad still misguided. We simply have a different system with different basic operating rules which carry different consequences. Okonkwo In Things Fall Apart! For example, our system is Company Lululemon set up for Okonkwo Apart Essay, a give and take during prosecution. The Immoralist! Your idea of Belated attempts to clarify should carry consequences so adverse as to In Things Fall Apart Essay, make the risk too great would simply unbalance our system and soc the is in fact unnecessary amd indeed harmful. Our law already has provisions to accomplish the intent of what I believe you seek (e.g., no new matter can be introduced, Section 112 in each of its paragraphs). I recognize that you believe that you are trying to make our system better, but I believe that you are contributing to Okonkwo In Things Apart, the noise which makes it actually difficult for people here to andre gide, focus on what needs to In Things Apart, be focused on.

The Law is good. The Law does not need to gottesman 1991 schizophrenia, be changed (at least to solve the In Things Fall, most critical problem). How Did Lead To Imperialism! We need to execute to the Law and perform. The Office needs to Fall, stop power grabbing and thinking about changing the playing rules and start focusing on soc the outsiders, playing as the In Things, rules are. If you are bad at achilles iliad, American Football, dont try to change the Okonkwo In Things Essay, game to soc the outsiders, what the world calls football (and what we in the States call soccer), get a new coach and practice, practice, practice.

If the General Manager/Owner does not want to In Things Fall Essay, hire a stellar coach, or obtain talented players, insisting on drafting raw talent that will take years to develop, then there can be no surprise that the team will suck in the short to mid term. (1) One anon commentator above had it right Examiners do NOT use this standard. They can and do rejected claims whenever they find them to be not clear and definite. We get all kinds of 2nd paragraph rejections, of naturally varying insightfullness. The bar to second paragraph rejections during prosecution is not high at all. Lululemon Essays! Indeed, I have never known an examiner to evince consternation that the MPEP or unwritten patent office policy prevented them from rejection a claim they felt was unclear for failing to meet the requirement of 112 2nd paragraph. Usually rejections of this type are resolve by rewording the claim, or explaining them on the record in Okonkwo, writing in way that creates an estoppel to arguing differently should litigation arise and the claims have to andre the immoralist, be constued.

(2) The standard referred to derives in In Things Fall Apart Essay, part from the presumption of validity, and it is only one piece of judicial doctrine relating to the interpretation of ambiguous claims. Another aspect is that where there are several ways to resolve a clear ambiguity and one or more permit it courts should construe claims to preserve validity. (3) Anyone who spends much time communicating whether in how did industrialization, the manner of claims drafting, other types of writing, speaking or in any other way, knows that it is impossible to remove all ambiguity from a communication. And as a matter of fact claims ambiguity is very very rarely a reason that litigation arises. (4) Frankly, the depth and breadth of ignorance and even more clearly inexperience clearly evident in many of the comments on this point does not bode well for the future of the patent system, and likely indicates the reason there are so many bad ideas being given undue credance in the largely misguided debating going on regarding the USPTO and Fall Apart patent reform. So, Dennis, since this thread is for teaching purposes, I will be provocative. Attorneys say that Exrs h=te searching while Exrs say that attorneys decline to say what the invention is, and how can they do a proper search until they know what it is. Marketing Mix On Company Lululemon Essays! To get out of Fall Apart this bind doesnt need rocket science.

Attorneys are pragmatic, and put the interests of their clients, the inventors, top. Lead To Imperialism! What if it is in the interests of inventors to get clear the definition of Okonkwo Fall Apart Essay their invention, no later than when filing the gide the immoralist, app. Belated attempts to Okonkwo In Things Fall Essay, clarify should carry consequences so adverse as to make the risk too great, of filing with a diffuse (at best) statement of what is the contribution to the art. Except in the USA, attorneys strive (in the achilles iliad, interests of their clients) to get as correct as possible, already in the WO document, the definition of what the invention is. Essay! One has the feeling that, in the USA, the opposite perception is prevalent, that it is in the interests of achilles iliad client to be as vague as possible, when writing the app, about Okonkwo In Things Fall Apart Essay, everything except the soc the, illustrated embodiment. Those who must rely on clearance opinions based on WO publications. Governments have a duty to find ways to force filers to be clear, to promote the Okonkwo In Things Apart Essay, progress of industry, and its capacity to gottesman 1991 schizophrenia, offer gainful employment to those who want to work, also in the USA, the land of the patent lottery. for the limited ranges bookended by the prior art, that is. I think if you have test data to prove unexpected results it is patentable. In my limited experience, I believe that examiners and practitioners commit substantially similar amounts of these errors. On that we can agree, except that there are likely outstanding members and less good members of both catagories.

Sometimes I get the feeling that many of us on this board are perhaps some of the more outstanding ones and were always btching that the suc ky members, that presumably make up the majority, of Okonkwo In Things the opposite catagory suc k. And were probably right. Just to clarify, are you in effect proposing that we get rid of Official Notice altogether? His proposal is that it already doesnt exist, or, more specifically, that it exists, but that it is never proper. Of course this is outrageous, but, if wed had to put up with as many bad ON as he probably has, wed probably feel the same way. How do you feel about KSR rationale E, obvious to try, in terms of limited ranges bookended by the prior art? That is one that would seem to be valid, but then theres also the rational about prompting variations. This is my FP that me or a primary made. the applicant has not established the critical nature of and Angelou: Essay since The law is replete with cases in which the difference between the claimed invention and the prior art is Okonkwo In Things Essay some range or other variable within the claims In such a situation, the achilles iliad, applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range. In re Woodruff 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir.1990). Therefor it would have been obvious to It is Fall Essay actually from Woodruff and that doesnt seem to be talking about optimization of ranges.

It is lead talking about when there is a difference between the Okonkwo Fall Apart, ranges shown in the ref and in the claim. I merely presume that there is implicitly a range in the reference if there is no explicit one, and achilles iliad give the app the benefit of the In Things Fall Essay, doubt that theres is Marketing Mix on Lululemon different from the implicit one in the ref. This portion from Okonkwo In Things Apart Essay, Aller seems to set out the difference between optimization of ranges, and the mere non-criticality of ranges. Normally, it is to be expected that a change in temperature, or in concentration, or in both, would be an unpatentable modification. Under some circumstances, however, changes such as these may impart patentability to a process if the particular ranges claimed produce a new and unexpected result which is different in kind and not merely in degree from the results of the prior art. In re Dreyfus, 73 F.2d 931, 22 C.C.P.A., Patents, 830; In re Waite, 168 F.2d 104, 35 C.C.P.A., Patents, 1117. Such ranges are termed critical ranges, and the applicant has the burden of proving such criticality. In re Swenson, 132 F.2d 1020, 30 C.C.P.A., Patents, 809; In re Scherl, 156 F.2d 72, 33 C.C. P.A., Patents, 1193. And Poetry’s! However, even though applicants modification results in great improvement and utility over the prior art, it may still not be patentable if the Okonkwo Fall, modification was within the capabilities of one skilled in the art. In re Sola, 77 F.2d 627, 22 C.C.P.A., Patents, 1313; In re Normann, 150 F.2d 708, 32 C.C.P.A., Patents, 1248; In re Irmscher, 150 F.2d 705, 32 C.C.P.A., Patents, 1259.

More particularly, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the soc the outsiders, optimum or workable ranges by routine experimentation. In re Swain, 156 F.2d 239, 33 C.C.P.A., Patents, 1250; Minnesota Mining #038; Mfg. Apart! Co. v. Coe, 69 App.D.C. Andre! 217, 99 F.2d 986; Allen v. Coe, 77 U.S.App.D. C. Okonkwo In Things Fall Apart Essay! 324, 135 F.2d 11.

All in all, I believe Woodruff is Marketing correctly applied in such a situation. Furthermore, what would stop me from taking official notice of the claimed parameter being known to be result effective, or simply alleging implicitness to the reference maybe backed with some rational sciencespeak. How do you feel about Fall Essay, KSR rationale E, obvious to try, in how did, terms of limited ranges bookended by the prior art? If a claim term could be interpreted two different ways, and one skilled in the art would recognize the metes and bounds of Okonkwo those two different ways, then it is OK. If an examiner thinks it is too broad, the examiner interprets the claim both ways and finds art that reads on gottesman 1991 schizophrenia, one of those ways this will force applicant to narrow the In Things Fall Essay, claims.

I think this is achilles iliad a very good point. I spent the Okonkwo In Things Apart, last several days thinking about your comments. In one case, the claim recites dated information. Soc The Outsiders! Neither the specification nor the arguments asserts a controlling definition. The examiner applied a reference teaching timestamping data as anticipatory of In Things Fall Essay this limitation.

The attorney argued that the reference does not teach checking the timestamp because dated means that the achilles iliad, information is old, i.e. outdated. It took me several times, but I found that dated information could mean both: a) information with a datestamp, and b) information that is old and currently invalid. With your comments in mind, I wasnt sure what would be the correct remedy for this case. Should this claim be rejected under 112 2nd? pds, first I would like to thank you for responding directly to my comments. your reliance on Okonkwo In Things Apart, the MPEP is nice, but please realize that although it is Maya Angelou: and Poetry’s Fines supposedly a manual for examiners to use. Most have not picked one up or read it. Most attorneys (should) know the MPEP far better than an examiner.

I know that it would be very difficult to Fall Essay, quantify, but in your personal opinion, on gide, a scale of 1-10 (1 being not at all, 10 being everything) how well do you think most examiners understand chapters 700 and Okonkwo In Things Fall Essay 2100? Your Euro spelling indicates to me that you arent familar with the nitty-gritty that has gone on with the USPTO the current decade. I have reviewed and scrutinised the prosecution history of several thousands business method cases for my firm. I was involved in prosecuting several hundred of these applications. As you know, these cases were only in existence for the past decade.

While I dont have as much experience as some of the practitioners on here, with all due respect, I feel that I am as familiar with business method prosecution as any junior practitioner could be. Fair? Any patent prosecutor wouldnt doubt that assertions that you question because their is ample evidence that the achilles iliad, USPTO is Fall Apart Essay hostile to patents, inventors, and Marketing Company Lululemon Essays practitioners. Respectfully, while I have seen my fair share of mistakes committed by the Corp, because I review prosecution histories, I oftentimes also spot attorney practises that I view as errors. In my limited experience, I believe that examiners and practitioners commit substantially similar amounts of these errors. I believe that this perspective depends on whom you ask. Practitioners blame examiners. Vice versa. See above for evidence of Okonkwo In Things Fall this. With all due respect, the premise is that one would view ones own work as flawless and that all mistakes are committed by the opposing party.

This self-serving perspective is natural and understandable. Andre Gide The Immoralist! With this premise, what would we find if we hypothetically reviewed some cases and In Things try to determine practitioner and examiner errors? FYI the USPTO providing their own policy take on 35 USC 112 is an impermissible delving into substantive law. Can you comment more on what this take is? Please feel free to post links and andre provide citations for further research. Thanks.

How could that examiner have a reasonable basis without evidence? The USPTOs (mis)use of taking Official Notice is simply an excuse not to In Things, find evidence. Moreover, Official Notice should only be taken when the Maya, fact being noticed is so easily recognized as common knowledge that it is beyond dispute. However, if an examiner cannot find such a reference to support the In Things Fall Essay, examiners position, then it hardly can be considered common knowledge. Just to clarify, are you in effect proposing that we get rid of Official Notice altogether? If you require that all notice facts be supported by evidence, then why institute this practise at all? Is this what you want? 30-40 years ago, when it was much harder to find references, some of this BS may have been OK. However, in todays information age, there should be little excuse for not finding the reference beyond laziness I tend to agree; however, how do you feel about the quality of the search when you make the haystack bigger?

What would you consider to be a reasonable search? BTW I dont care whether an examiner knows he or she saw the teaching somewhere else but cannot find it again. People keep forgetting that the prior art is limited by applicants priority date. As such, if the reference is not **PRIOR** art, then the reference cannot be relied upon. Just because the examiner saw it before doesnt mean it is PRIOR art. Respectfully, I see the comingling of Marketing Essays two separate issues in Okonkwo In Things Apart Essay, your comments: 1) the Mix on Company, examiners personal knowledge should not qualify as prior art, and. 2) reference must predate the priority date to be considered prior art. To the Okonkwo Apart Essay, first point, how do you feel about 37 CFR 1.104(d)(2)? When a rejection in an application is based on facts within the personal knowledge of an employee of the Office, the data shall be as specific as possible, and the reference must be supported, when called for by the applicant, by the affidavit of achilles iliad such employee, and such affidavit shall be subject to contradiction or explanation by the affidavits of the applicant and Okonkwo Apart other persons. As to the second point, how do you feel about MPEP 2124?

In certain circumstances, references cited to show a universal fact need not be available as prior art before applicants filing date. So how do you handle a Markush claim? Markushs are fine. Lead! The claim cannot necessarily be interpreted two different ways it just is two+ different ways. The claim itself is still the same thing, just because it branches doesnt mean the claim is Okonkwo In Things Fall Apart able to andre gide the immoralist, be interpreted multiple different ways. You are confusing the standard well you can go down this path or this path with well you could possibly read this as letting you go down this path or you could possibly read this as letting you go down this path. One is a distinct unambiguous instruction that the claim covers two+ things. The other is an Okonkwo ambiguous openendedness that might, or might not allow for the claim to gottesman, cover two different areas of subject matter.

This isnt hard, youre smart enough to understand this. The decision is Fall Apart Essay a horrible thing for prosecutors having to wrestle with it, and bad applications of it. Like where xmnr above just got through confusing indefiniteness with breadth. (Just as JD predicted some examiners would I might add) But, on the whole, it is a wonderful thing for the patent system if we can get the difference between the two worked out well amongst the folks applying it. How could that examiner have a reasonable basis without evidence? This is known as reality pds, you should totally check it out sometime. However, if an examiner cannot find such a reference to support the soc the, examiners position, then it hardly can be considered common knowledge. In all honesty I might would agree with you there, but a learned man by Okonkwo In Things Apart Essay, the name of Alex Greenspun has looked into the matter. Achilles Iliad! In his inquiry he found that indeed, the more simple a subject is, and the more common sensical the subject is, the Okonkwo In Things Fall Essay, harder it is to find in the academic literature.

While this is not true in every case of every simplistic thing, he does have a point. You can look up his page easily. Lead To Imperialism! If it wasnt for the tendency for Fall Apart Essay, mistakes to be made off notice would be a more powerful tool. Imo, it should be made statutory, like judicial notice. Funny that you would accept a random judges notice but not an andre expert in the given fields off notice, which a good number of Apart primaries/Spes are.

FYI the USPTO providing their own policy take on 35 USC 112 is an impermissible delving into Marketing Company Essays, substantive law. FYI the USPTO just following suggestions from the Fed Circ isnt. It only speaks volumes about us when you admit that what you are doing is egregiously wrong. I will make that trade. Also if you took it to the mat Id throw you in a turk faster than you can say bobs your uncle following it up with a half ftw.

Presuming youre not too fat to perform those teqs on. Okonkwo In Things Apart! Also presuming youre not a girl. To something important: I use range caselaw against claims that say I know range caselaw quite well I have a lot of pre-written arguments for gide, use against Apart poorly reason arguments. In fact, I cannot recall one time when an examiner properly establish that a particular variable was an gide art-recognized, result-effective, variable per the case law cited in 2144.05(II)(B) (a prerequisite for applying In re Aller). Ok, so you admit that saying greater than x is just another way of Fall Essay claiming the range x+.00000000001` through infinite? Where did you see something that makes a result effective variable etc be a prerequisite to gottesman schizophrenia, Aller in total? Looking to your section it seems it is the section on optimization of ranges citing [W]here the Fall Essay, general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) as the In re Aller citation. Gide The Immoralist! I usually do not use that particular citation, but I think my citation is from In Re Aller. It goes something like The applicant has not established the critical nature of *range x* and Okonkwo Fall since It is common for gide, the difference between the prior art and Apart the claimed invention to be some range or other variable, in such circumstances the applicant must establish the criticality of the claimed range. I think that was from Aller but Ill have to check at gide the immoralist, the office.

This particular citation of Aller is Okonkwo In Things Fall Apart Essay not in the optimization of ranges portion of the MPEP and does not seem to speak to the optimization of ranges. So do you think those prereqs apply to this as well? If so, why? My citation is gide the immoralist not discussing the optimization of ranges, but rather the opposite. The citation I am using is alleging that the applicant has done nothing more than change the ranges, and has failed to show an optimization, or criticality of the ranges, at all. In Things! Furthermore, what would stop me from taking official notice of the claimed parameter being known to be result effective, or simply alleging implicitness to the reference maybe backed with some rational sciencespeak. makes sense to me: pds writes: xmnr got it perfectly.

The way to handle broad claims is with the broadest reasonable interpretation standard. If a claim term could be interpreted two different ways, and one skilled in the art would recognize the metes and the immoralist bounds of those two different ways, then it is OK. If an examiner thinks it is too broad, the examiner interprets the Fall Apart Essay, claim both ways and finds art that reads on one of those ways this will force applicant to narrow the claims. The tool is soc the outsiders already in place to go after overly broad claims. 112 2nd paragraphs is In Things Fall about whether the claims are vague versus indefinite not whether or not the claims are broad. As to PTO policymakers, the PTO does not consist of only examiners and the BPAI. There is an Office of Intellectual Property Policy and gottesman 1991 Enforcement (OIPPE) that works with Congress and USTR on policy issues. Okonkwo Fall Apart Essay! (link to uspto.gov) OT, not sure if this was posted, but Dennis, thought this was interestingsome good proposals in the Chamber of Commerce recommendations to incoming administration re USPTO. (tried to link to the pdf but didnt show up in preview):

No. The entire suite of recent rule changes and andre internal quality initiatives by the USPTO are self-serving and detrimental to future US competitiveness in the global marketplace. Dennis should give out grades if people answer the question. I suggest 0 points for anon. 1 for Okonkwo Apart, grasping that the lead, PTO has real-world incentives that have little to Okonkwo Fall Apart Essay, do with substantive patent law; -1 for arguing without explanation that LOWERING a hurdle to patentability will be used as a weapon to reduce the number of applications. That right there is outsiders one of the best posts that I, Gideon, have ever read on In Things Essay, this Blog. I would, however, suggest that the real world incentive answer be given much greater weight. The RWI answer is like the Rosetta Stone. Get the mush heads away from thinking about everything from the perspective of Learned Hand. Instead, have them assume the perspective of Joe6PackExaminer.

Dennis should give out grades if people answer the question. I suggest 0 points for soc the outsiders, anon. 1 for grasping that the PTO has real-world incentives that have little to do with substantive patent law; -1 for arguing without explanation that LOWERING a hurdle to patentability will be used as a weapon to reduce the number of applications. That right there is one of the best posts that I, Gideon, have ever read on this Blog. I would, however, suggest that the real world incentive answer be given much greater weight. The RWI answer is Fall like the soc the, Rosetta Stone. Get the mush heads away from Okonkwo Fall Essay, thinking about everything from the perspective of Life and Poetry’s Fines Essay Learned Hand. Instead, have them assume the perspective of Joe6PackExaminer. Dennis should give out Okonkwo Fall Essay, grades if people answer the question. I suggest 0 points for anon. 1 for grasping that the PTO has real-world incentives that have little to do with substantive patent law; -1 for arguing without explanation that LOWERING a hurdle to patentability will be used as a weapon to soc the outsiders, reduce the In Things Essay, number of applications.

That right there is one of the best posts that I, Gideon, have ever read on this Blog. I would, however, suggest that the real world incentive answer be given much greater weight. The RWI answer is like the Maya Angelou: and Poetry’s, Rosetta Stone. Okonkwo In Things Fall Apart Essay! Get the soc the outsiders, mush heads away from thinking about everything from the perspective of Learned Hand. Instead, have them assume the Okonkwo Fall Essay, perspective of Joe6PackExaminer. Dennis should give out grades if people answer the question. I suggest 0 points for anon. 1 for grasping that the PTO has real-world incentives that have little to soc the outsiders, do with substantive patent law; -1 for Fall, arguing without explanation that LOWERING a hurdle to patentability will be used as a weapon to reduce the achilles iliad, number of In Things Fall Apart applications. That right there is one of the best posts that I, Gideon, have ever read on this Blog.

I would, however, suggest that the real world incentive answer be given much greater weight. The RWI answer is like the Rosetta Stone. Get the mush heads away from thinking about everything from the perspective of Marketing Mix on Company Lululemon Essays Learned Hand. Instead, have them assume the perspective of Okonkwo Apart Essay Joe6PackExaminer. No offense to the drafter of achilles iliad this exam question, but what does it do to obectively test or challenge the students ability to Okonkwo Fall Essay, apply existing law to real problems that real clients would have? Not much, in my humble opinion.

Unfortunately, far too many law school exams are like this. First of all, your reliance on the MPEP is nice, but please realize that although it is achilles iliad supposedly a manual for examiners to use. Most have not picked one up or read it. Most attorneys (should) know the Okonkwo Essay, MPEP far better than an examiner. Your Euro spelling indicates to me that you arent familar with the nitty-gritty that has gone on gottesman schizophrenia, with the USPTO the current decade. Any patent prosecutor wouldnt doubt that assertions that you question because their is Okonkwo In Things ample evidence that the USPTO is hostile to patents, inventors, and Maya Angelou: and Poetry’s Fines Essay practitioners. FYI the USPTO providing their own policy take on 35 USC 112 is an impermissible delving into substantive law. Nonetheless, if the In Things Fall Apart, Examiner has a reasonable basis that some art exists and such existence amounts to common knowledge, how do you feel about responding to the Official Notice? How could that examiner have a reasonable basis without evidence? The USPTOs (mis)use of taking Official Notice is simply an excuse not to find evidence. Moreover, Official Notice should only be taken when the fact being noticed is so easily recognized as common knowledge that it is beyond dispute.

However, if an examiner cannot find such a reference to support the Life, examiners position, then it hardly can be considered common knowledge. 30-40 years ago, when it was much harder to find references, some of this BS may have been OK. However, in todays information age, there should be little excuse for not finding the reference beyond laziness. BTW I dont care whether an examiner knows he or she saw the Okonkwo In Things Apart, teaching somewhere else but cannot find it again. People keep forgetting that the andre, prior art is limited by applicants priority date. As such, if the reference is not **PRIOR** art, then the reference cannot be relied upon. Just because the Okonkwo In Things Fall, examiner saw it before doesnt mean it is PRIOR art.

So what? You havent told the public that which you claim if you claimed two different things. So how do you handle a Markush claim? Ooooo that puts the kibosh on your rationale, amiright? Speaks volumes about you doesnt it? It only speaks volumes about us when you admit that what you are doing is egregiously wrong. Plus, Ive already stated why we dont take you to the mat when the (ample) opportunities present themselves. I use range caselaw against claims that say

I know range caselaw quite well I have a lot of pre-written arguments for andre gide the immoralist, use against poorly reason arguments. In fact, I cannot recall one time when an examiner properly establish that a particular variable was an art-recognized, result-effective, variable per Apart Essay, the case law cited in 2144.05(II)(B) (a prerequisite for applying In re Aller). Whine, whine, whine, whine, whine, draft crappy computer-implemented garbage, whine, whine, whine, whine. MM I didnt realize you drafted computer-implemented claims in addition to all your whining. Unlike you, I get claims allowed all the time. Moreover, I get computer-implemented claims allowed ALL the time. BTW: the biggest whiner on this board is you.

You whine about Marketing Mix on Lululemon, everything. You arent interested in engaging in any kind of real legal discourse. Every time Ive tried to do that with you, youve backed away. Understandably, it is easy to In Things Fall Essay, post your BS arguments when you dont have to support them with the law, common sense, logic, or a good policy rationale. However, as Harry Calahan once said a good man knows his limitations and you are limited by your inability to Maya Angelou: Life Essay, engage in a reasoned, intellectual discourse. Any, so stick with your trolling it is what you do best. (1) Examiners simply arent permitted to allow many applications, because USPTO management has decided to throttle allowance rates to absurdly low levels. Whats the reason behind that?

Because were stuck in the stone age of examinerejectexaminereject. It should be examineconsult applicantallow. Why do I say this? A friend of In Things Fall Essay mine has around a 90% allowance rate. How does he do this? LETS MAKE A DEAL MO FO!

I however am constrained by the more traditional approach that many advocate, the achilles iliad, ol rejectresponserejectetc. Okonkwo In Things Essay! That said, Lets make a deal looks more attractive every day. The general rule, as I understand it, to Mix on Company Lululemon Essays, lets make a deal is to try to make a deal to get some subject matter in Fall Apart Essay, the claims that at least stands a snowballs chance in heck at soc the outsiders, being valid, and voila, you have yourself a first action allowance. I should add that his production is through the roof. Of course, doing three/4 actions per In Things Fall Apart, bi week and barely ever dealing with a final/af is hardly a chore. Either way, there is soc the a lesson to be learned from Okonkwo Fall Apart Essay, his examining style. If you present valid claims that also APPEAR VALID you will likely get a first action allowance.

If you cannot find the art, then you cannot reject the claim. Double dog dare me? Show me an app of yours, Ill see if I can get it xfered to me. The way to handle broad claims is soc the with the broadest reasonable interpretation standard What does that have to do with a claim that has two equally broad interpretations that contradict one another? Nothing. In Things Apart! uR DuM 3 k? If a claim term could be interpreted two different ways, and one skilled in the art would recognize the metes and bounds of those two different ways So what? You havent told the public that which you claim if you claimed two different things. Dont try to fight this pds, you know as well as anyone that claims regularly cause no end of trouble because what they claim cant be concretely determined. Dont pretend a poshita always knows that both ways of interpreting the claim are equally valid either, they may very well not be.

Besides, as you well know, poshita can barely even read claims, as noted in Marksman. They need you lawyers to do that for them. It doesnt seem to matter that this is unlawful I have been presented with no such law that it would violate. I have seen several laws that support it though. Perhaps you could share with me which are against achilles iliad such a practice? 112 2nd paragraphs is In Things Fall Apart about whether the claims are vague versus indefinite not whether or not the claims are broad Were not rejecting them for being broad. Were rejecting them for not clearly and distinctly telling the outsiders, public what you claim.

Dont make up a rejection just because you think there is better art out there, but you just havent found it yet. You mean a reason for a rejection? Ok, how about next time I tell you a concrete real reason that I didnt make up. My stomach hurt that day, and it made your application appear to not be entitled to In Things Fall Apart, a patent. Industrialization To Imperialism! Good enough for you? To think that there is good art out there without proof and to In Things Fall Essay, reject the claims without this proof wastes both the USPTOs resources and Marketing Mix on Company Essays applicants resources.

Whats your point? Mine is Fall Essay that your application does not appear to be entitled to a patent. My point is supported by how did industrialization to imperialism, statute, but whatever it is that is your point seems to go unmentioned in the statute. Do you have statistics on the quality of the applications being rejected? Funny you should ask! I have them right here! 100% appeared to not be entitled to Okonkwo In Things Fall Essay, a patent on lead, examination! Do you have evidence of management lowering the Okonkwo Apart, allowance rates, or is soc the this conclusion the result of empirical evidence?

Try anecdotal. Although there is evidence of In Things Fall lowered allowance rates, the pto presented it. Unfortunately, us patent attorneys (and clients) acquiesce to this bu11sh it far too often Speaks volumes about you doesnt it? As to your comment about my not knowing the quality of the work being produced, au contraire, Ive been checking out some other peoples work, and it does leave much to be desired.

I personally have a few vices myself, I use range caselaw against claims that say greater than or less than occasionally when they dont appear to be entitled to a patent. I base this vice on the theory that by stating greater than x all you are really doing is putting the range of values that is greater than x into words. Would that not be the case? Well, it is the case, but applicants take issue with it occasionally. Ive found that they only take issue with it when I reject all dep claims. Maya Angelou: Life And Poetry’s! If I indicate one as allowable whooop right up into the ind it goes. Ive considered just rejecting those types of cases under 103 without the caselaw backup and with just some rational instead. What do you think about that approach? For well-written applications, examiners cant seem to find sufficient basis for rejection.

I find them all the time and In Things Apart Essay nearly all of my apps are well written. Just this week I had 2 apps go abandoned! Wootz! Both of them came back with some lame addition to the claims. Mix On Company Lululemon Essays! I simply googled a ref in about 10 secs and rejected it with a rock solid 103. Okonkwo In Things! Literally, the device in the new ref specifically was to modify the device in the previous refs in the specific way claimed. Rarely are rejections that clean and quick, but they do happen. I considered Off notice on that one, but figured Id give him a little googlin since it was an RCE. The case law on outsiders, 112, second paragraph has been pretty well settled. The Cafc said in a recent opinion that this decision was the correct one for the pto to implement so the BPAI did.

Chief justice has already told congress to bugger off the patent reform because hed do it from the judiciary and hes better at Fall, it. Fine with me as long as it gets done. I think it is a great idea. Frankly the patent bars professionalism as devolved into down right anarchy. Gottesman 1991! This results primarily from the In Things Apart, desire of clients to achilles iliad, drive down the cost of patent preparation. Okonkwo Apart! I think that patent claims should be exacting. The namby pamby BS language that is so often espoused serves only to Marketing Mix on Company Lululemon, obfuscate what is truly the invention and line the pockets of that unsavory class of attorney-the patent litigator. If you cannot find the In Things Fall, art, then you cannot reject the claim. But I thought KSR made everything obvious? Whine, whine, whine, whine, whine, draft crappy computer-implemented garbage, whine, whine, whine, whine.

As David Stein aptly put it, this is just another way for andre, examiners to reject claims on BS instead of finding good art. Can I ask a simple question: even if your bullcrap was true, what the frick difference does it make? CAFC, are you listening? Please get rid of Beauregard claims asap so we can all get rid of these whiners once and for all. They ruined everything and the greedy babies wont quit complaining. If you cannot find the art, then you cannot reject the claim. If you cannot reject the claim, then the application should be allowed after the application has been examined. Dont make up a rejection just because you think there is Okonkwo Fall Apart Essay better art out there, but you just havent found it yet. How do you feel about rejections under Official Notice, and public policy/morality (which doesnt currently exist)? I agree that if there is no reasonble basis for taking Official Notice, then this line of reasoning should not be used.

Nonetheless, if the soc the outsiders, Examiner has a reasonable basis that some art exists and such existence amounts to Okonkwo In Things Fall, common knowledge, how do you feel about responding to gottesman schizophrenia, the Official Notice? If you properly overcome the Official Notice, then the case should be allowable over art even if the art teaching the noticed facts surface later on during prosecution. To me, this seems like a quick way to overcome even the Examiners ideal art, if such an art existed. If I can overcome the Examiners noticed facts (which amounts to Okonkwo Fall, the Examiners theoretical best art), would that result in more compact of a prosecution, i.e. if I could poke holes in the noticed facts, would that help move towards allowance? As far as policy goes, the Marketing Company Essays, USPTO isnt a policy making body what business do they have trying to make policy? The USPTO couldnt say they will consider, as prior art, references that antedated the filing date of the application by up to a year based upon policy reasons. The USPTO has specific powers to Okonkwo In Things Essay, establish regulations, not inconsistent with law: In the example you gave of qualifying references that would otherwise not be prior art under 35 USC 102, this rule would clearly be inconsistent with 102 as required by andre gide, A person shall be entitled to a patent UNLESS.

Clearly, using references newer than the priority date would violate existing law. I am not clear on the conclusion your draw regarding policymaking and using newer references as prior art. Can you clarify a little more on what you would and Okonkwo Fall would not consider to be substantive rulemaking? Pick up any dictionary and how did to imperialism youll see that most words have more than one meaning. Pick up 5 dictionaries and youll likely see 5 different definitions for the same word. Can you shoot down this type of erroneous interpretation by Apart Essay, presenting your own interpretation with support from the specification as originally filed? If extrinsic reference sources, such as dictionaries, evidence more than one definition for the term, the intrinsic record must be consulted to identify which of the different possible definitions is most consistent with applicants use of the terms The USPTO wants exactly two things at this point: (1) Applicants to file fewer applications, and. (2) Examiners to allow a very small percentage of filed applications. Do you have any evidence of this?

From a management objective, if I were a manager for the USPTO, I would want: (a) Applicants to industrialization lead, file as many applications as possible, and. (b) Examiners to allow as many filed applications as possible (with adequate quality of course). The USPTO has consistently been a profit-centre for the federal government. To increase profits, it would make sense to increase revenues by increasing filings. Also, issuance and maintenance fees are much higher than other fees not related to an allowance. Similarly, would allowances reduce the backlog as well, as compared to In Things Apart Essay, pending prosecution to infinity? I dont know how the Angelou: Essay, USPTO got so off-track as to see itself as the patent rejection office, but it is so. So if the USPTO is cultivating an examiners toolkit that only Fall Essay allows still more bases for rejection its because thats all they really care about. Do you have statistics on the quality of the applications being rejected?

Examiners simply arent permitted to allow many applications, because USPTO management has decided to throttle allowance rates to absurdly low levels. Do you have evidence of management lowering the allowance rates, or is this conclusion the result of empirical evidence? If yes the latter, see my comment above regarding the quality of applications. For well-written applications, examiners cant seem to find sufficient basis for the immoralist, rejection and so they are taking a third option: delay and churn. It doesnt seem to matter that this is unlawful and a shocking breach of the mission of the In Things Fall, USPTO. Are you familiar with date goals, wherein managers are withheld pay if their groups do not move old cases? SPE Award Components. Movement of New Applications (New Date Case Goals) These days, I have to advise my clients that they might not see FAOM (or FOAM the acronym changes daily #128521; ) for ***SIX YEARS*** from achilles iliad, filing Have you considered the accelerated examination program? I would like to critique the Okonkwo Apart, various inefficiencies of the Maya Angelou: Life Essay, government as much as the next person, but I feel that it would be fair to view all the evidence.

Please respond to the raised points. Just because no art of Apart record anticipates/makes obvious doesnt mean that the application is not obvious, or even anticipated for that matter. If you cannot find the andre, art, then you cannot reject the claim. If you cannot reject the claim, then the Okonkwo Apart, application should be allowed after the application has been examined. Angelou: Fines! Dont make up a rejection just because you think there is better art out there, but you just havent found it yet. **IF** the patent has value and **IF** the Okonkwo Fall Essay, patent will be asserted (which probably knocks out 90%+ of all issued patents), and **IF** good prior art exists, then an gide the immoralist infringer/potential infringer will find that art and invalidate the patent. To think that there is good art out Okonkwo In Things Apart, there without proof and to reject the achilles iliad, claims without this proof wastes both the Fall Essay, USPTOs resources and applicants resources. The problem with the USPTO is that there arent enough administrative law hawks practicing patent law to Life and Poetry’s Fines Essay, be the biggest PITA to the USPTO.

If the Okonkwo In Things Fall Essay, FCC, FDA, EPA tried to pull the soc the outsiders, sh 1t the USPTO does, the administrative lawyers that practice before these agencies would make life a living he11 for those agencies. Unfortunately, us patent attorneys (and clients) acquiesce to this bu11sh it far too often. The reason is Okonkwo In Things Apart pretty simple, the Maya Life and Poetry’s Fines Essay, stakes are typically too low to really put the USPTOs feet to the fire over any single application. Okonkwo Apart Essay! Contrary to what some commentors think, the value of most patent applications are extremely difficult to determine accurately at soc the, an early stage. As such, most clients are even reluctant to file an appeal, which is Apart Essay far easier than putting the USPTO in its place for its slipshod operation and blatant disregard of the Maya Angelou: and Poetry’s Fines Essay, law and its own rules. The USPTO has gotten away with substandard office actions for Okonkwo Apart, so long that dimwits such as 6K dont even realize how poor the work product they are actually producing is. xmnr writes Amenable to multiple plausible constructions is a matter of BREADTH not INDEFINITENESS. xmnr got it perfectly. Andre Gide The Immoralist! The way to handle broad claims is with the Okonkwo Apart Essay, broadest reasonable interpretation standard. If a claim term could be interpreted two different ways, and one skilled in gide the immoralist, the art would recognize the metes and bounds of Fall those two different ways, then it is gottesman 1991 schizophrenia OK. If an examiner thinks it is too broad, the Okonkwo In Things Fall Apart, examiner interprets the claim both ways and gottesman 1991 schizophrenia finds art that reads on one of those ways this will force applicant to narrow the claims. The tool is already in place to go after overly broad claims.

112 2nd paragraphs is about whether the claims are vague versus indefinite not whether or not the claims are broad. Pick up any dictionary and youll see that most words have more than one meaning. Pick up 5 dictionaries and youll likely see 5 different definitions for the same word. The problem with the Okonkwo Fall, USPTO new (yet short-lived) tool is that one the examiner comes up with one cockamamie interpretation that doesnt jive with the normal interpretation, the examiner will jump around after like 6k does after he completes his latest quest in WoW exclaiming I did it!! I did it!! As David Stein aptly put it, this is Maya Angelou: just another way for In Things Apart, examiners to reject claims on BS instead of finding good art. BTW what gives the USPTO the right to make make/interpret the law?

They arent Congress or the judiciary. The case law on 112, second paragraph has been pretty well settled. Andre The Immoralist! As far as policy goes, the USPTO isnt a policy making body what business do they have trying to make policy? The USPTO couldnt say they will consider, as prior art, references that antedated the filing date of the Fall, application by up to a year based upon policy reasons. If placed in the hands of 1991 schizophrenia a reasonable Corp of examiners, I could hold my nose and Okonkwo In Things Fall Essay buy into this power grab by the USPTO. However, when the Corp has shown, time and time again, a complete disdain for patent law, their own rules, the APA, common sense, and in certain instances, the laws of physics, then the only thing I would trust the outsiders, USPTO to Okonkwo In Things Fall Apart, do would be to abuse this expanded power to reject claims. It is a bad idea in that it gives the PTO only Essays more powers in a certain direction. But its the only direction in which they want to move. The USPTO wants exactly two things at this point: (1) Applicants to file fewer applications, and.

(2) Examiners to allow a very small percentage of Okonkwo In Things Essay filed applications. The latter is astonishing in itself, and Maya Angelou: Life Fines Essay even more so because the USPTO openly and brazenly admits this aspiration. Check out Okonkwo In Things, this graph from the USPTOs own presentation!! I dont know how the soc the, USPTO got so off-track as to Okonkwo Fall Apart, see itself as the patent rejection office, but it is so. So if the USPTO is cultivating an gottesman 1991 schizophrenia examiners toolkit that only Okonkwo Fall Apart allows still more bases for rejection its because thats all they really care about. I like to think the PTO should be run like a prosecutors office. A prosecutor can lay charges against a person, for example, or decide not to. They have a lot of leeway to the point of being unaccountable. Well, the Marketing Lululemon, USPTO would LOVE unaccountability no BPAI, CAFC, or SCOTUS repeatedly telling it that its violating many laws and the Constitution with its self-legislating, and that its decisions are hopelessly inconsistent. But I think your analogy is apropos.

Prosecutors are neither judge nor jury. Okonkwo In Things Essay! Their valid options are to withhold prosecution (i.e., to allow a patent application without challenge) or present the best case for conviction (or rejection.) Yet, examiners break from this model in two ways (1) Examiners simply arent permitted to Marketing Company, allow many applications, because USPTO management has decided to throttle allowance rates to absurdly low levels. (2) For well-written applications, examiners cant seem to find sufficient basis for rejection and so they are taking a third option: delay and churn. It doesnt seem to matter that this is Okonkwo Apart unlawful and a shocking breach of the mission of the USPTO. These days, I have to advise my clients that they might not see FAOM (or FOAM the acronym changes daily #128521; ) for ***SIX YEARS*** from filing. Can you imagine if the U.S. Outsiders! criminal justice system were run that way? (Well, notwithstanding that sordid little affair in Cuba?) My problem is that section 101 seems to fail section 112. Based on the various court rulings, the section appears insolubly ambiguous.

I agree with David Steins postings. Other sections 101, 112, etc. Fall Essay! are SUPPOSED to achilles iliad, be fairly low thresholds of Okonkwo Fall Apart Essay formality and 1991 competence. I agree, how do you keep failing to meet even the lowest of the low thresholds put before you? The bottom line is simple: the USPTO hates searching. Could be true, but if it was then they could simply narrow all searches to be one subclass search and thats it. So the USPTOs answer to reducing backlog (other than the obvious answer: ALLOW those valid applications! Problem is Okonkwo Fall Essay theyre not really valid. The Immoralist! Just because no art of record anticipates/makes obvious doesnt mean that the application is not obvious, or even anticipated for that matter.

Whats more, the problem is also that they failed to meet the lowest bar of Fall Apart patentability, 101. I like to think the PTO should be run like a prosecutors office. A prosecutor can lay charges against a person, for example, or decide not to. They have a lot of leeway to the point of being unaccountable. This man is truly a visionary. My hat is off to you sir. When I got here I was genuinely surprised that the PTO was not more like this than it is. I think it if was then all involved would feel more comfy about allowing things. Schizophrenia! Imo, you lawyers should lobby for this type of PO.

At the outset, it should be noted that this question assumes that the In Things, insolubly ambiguous standard is currently in play at the PTO. I would respectfully assert that this is not the cae, and that patent office policy, currently, is to reject a claim under 112(2) when the metes and bounds of that claim are not clear. In other words, the PTO standard is already quite a bit lower than insolubly ambiguous. Is this a good thing? Yes, it is. Patents are legal monopoly on the subject matter that is hte subject of the andre the immoralist, claim.

A legal monopoly is a powerful right and the public needs to be put on notice of the scope of In Things Apart Essay that monopoly so that it can be confidently avoid infringement. To confidently avoid patent infringement, one must be able to reasonably predict what activities will fall within the schizophrenia, scope of the Okonkwo In Things Fall Apart Essay, claim and what activities will fall outside the scope of the claim. Thus, a higher standard for lead to imperialism, 112(2) at the PTO is a good thing, in that indefinite claims are less likely to issue and the public will be able to navigate around the Apart Essay, scope with reasonable confidence. The question is how high should the gottesman schizophrenia, standard be? The metes and Okonkwo Apart Essay bounds of the how did lead to imperialism, claim must be clear but breadth is not indefiteness. The nature of language makes claims amenable to more than one reasonable construction and Fall Apart so clearly that shoudl not be the standard. I believe this is an area where the term metes and to imperialism bounds is Okonkwo In Things Fall Essay actually quite sufficient and Company that examiners can apply that term without great difficulty. There is always an element of Okonkwo In Things Fall Apart Essay subjectivity in how did industrialization lead, rejections; some examiners may be more stringent in Apart Essay, applying 112(2) standards than others. 1991! At the Okonkwo In Things, very least, however, the examiner should require that the metes and bounds of the claims be clear enough so that the examiner can figure out what she is supposed to be searching for. Achilles Iliad! If the examiner cant figure out In Things Essay, how the claims works, and therefore cannot do a proper prior art search for that claim, then the claim should be rejected under 112(2). It is both a good idea and a bad idea.

It is a good idea in the sense that it gives the PTO more powers. It is a bad idea in that it gives the PTO only more powers in a certain direction. I like to lead to imperialism, think the Okonkwo Fall Apart Essay, PTO should be run like a prosecutors office. A prosecutor can lay charges against a person, for example, or decide not to. They have a lot of industrialization lead leeway to Fall Essay, the point of being unaccountable. The PTO should be the same: there is close to no sense in defining in achilles iliad, general what makes an invention novel or useful. Experts at the PTO should be able to decide. For the inventor there is a price for weak PTO patents if a patent can be challenged later it is not that valuable.

Obviously I hardly know anything about the Okonkwo In Things Fall Apart, details of the laws involved. stein But the USPTO is breaking free of these moorings. Increasingly, examination is focusing on nitpicky rules of formality, academic arguments of interpretation, and wholly arbitrary procedural rules. But applicants never engage in that behavior. Andre Gide The Immoralist! And if they did it was only because the Fall Apart, PTO engaged in it first! If I may quote a regular commenter here (due to schizophrenia, arrive any moment): eeeyeahright I think I can now set forth my core problem with this (and KSR, and Bilski.) The heart of patent examination is in sections 102 and 103.

Other sections 101, 112, etc. are SUPPOSED to be fairly low thresholds of formality and competence. Apart Essay! As long as the specification is written with a minimum standard of workmanship, and as long as the invention passes some minimal burdens of utility then the formalities have been met, and examination should begin. But the USPTO is gide the immoralist breaking free of these moorings. Increasingly, examination is focusing on nitpicky rules of formality, academic arguments of interpretation, and wholly arbitrary procedural rules. The bottom line is simple: the USPTO hates searching. Examiners cant do a sufficient job in the allotted time frame, and management refuses to reconsider productivity requirements. Its hard and time-consuming to dig up, understand, and Okonkwo In Things Fall apply references.

Its much easier to fall back on smell tests. So the USPTOs answer to reducing backlog (other than the how did industrialization lead to imperialism, obvious answer: ALLOW those valid applications!) is more smell tests, more tools for easy rejections, and more arbitrary procedural cutoffs. Of course, the hardship falls squarely on the shoulders of applicants. Okonkwo In Things Fall Apart! But in the USPTOs warped view of reality, this is Angelou: and Poetry’s Essay poetic justice because were the cause of the problem with our increased filings. Amenable to multiple plausible constructions is a matter of Fall Essay BREADTH not INDEFINITENESS. Of course the threshold should be reduced. And Poetry’s Fines Essay! Clearly, examiners need more weapons for rejecting claims in lieu of doing an actual search or finding prior art. I concur. Okonkwo In Things Apart Essay! They should have put in the opinion that if the claims are suitably amendable then no analysis of the claims under 102/103 is Life and Poetry’s Fines Essay possible since there is at least 2 different interpretations which are completely independent and distinct from Okonkwo Fall Apart Essay, one another. But since this isnt a restriction, and is instead a rejection, this counts as a FOAM! WOOOOOOOTZ!

The courts/bpai: taking the Marketing Mix on, hard out of Okonkwo In Things being an examiner one step at a time. Holy sht, 15 points for a sentence: Because it will allow the pto to Life Essay, encourage applicants to remedy potential disputes while the claims may be amended. And because examiners will be able to ride the RCE gravy train, in some cases where no claim could be written that doesnt have more than one meaning, forever, or until the Okonkwo In Things Fall Apart Essay, app gives up. Public notice F T W. No, as it will be used by Maya Angelou: and Poetry’s Essay, the PTO as a weapon to reduce the number of applications instead of tool to further prosecution. But those are one and Okonkwo In Things Apart Essay the same right? -1 for arguing without explanation that LOWERING a hurdle to patentability will be used as a weapon to reduce the number of applications. I think its funny you call insolubly ambiguous a high standard. It is Marketing Company Lululemon a low standard, as in low quality claims satisfy it. Ur looking @ it arsebackwards from how D is Okonkwo Apart i? examiners dont use the achilles iliad, insolubly ambiguous standard and have probably never heard of it. Some of us used to, in Okonkwo Fall Essay, fact my SPE would make me. And all my previous SPEs would make me. They usually wouldnt bring up insolubly ambiguous instead, the threshold is whether you can really tell what they mean to gide the immoralist, claim.

Second, who are the policymakers and how could they possibly lower the standard only during examination? The BPAI, didnt you read the previous post on this? 2 points out of 15 for anon, 0 for me lol, more like it. Yes, because the current standard allows patentees to Okonkwo Fall, obtain patents whose scope is not clear until a district court judge decides which of the immoralist two plainly evident but distinct (and often contradicting) constructions is the In Things, correct one. Are we talking Ex Parte Miyazaki? Amenable to multiple plausible constructions is a matter of Company BREADTH not INDEFINITENESS. Furthermore, any issues of indefiniteness are covered by interpreting the claim under the doctrine of broadest reasonable interpretation. That is, if a claim reads under two possible interpretations, thats not indefinite, its BROAD and can be interpreted in a multitude of ways that expands its scope. I would agree that it is a good idea if the USPTO were reasonable in addressing alleged ambiguities.

My experience, however, is that (for novelty/obviousness) the USPTO unreasonably takes the Okonkwo In Things Fall, broadest possible interpretation as opposed to the broadest reasonable interpretation in Maya and Poetry’s Essay, view of the specification as if the specification had not been written. Consequently, applicants must unnecessarily address (and sometimes amend in view of) prior art that would never have been implicated under a reasonable interpretation of the claim terms. I worry that the USPTO will similarly be unreasonable with respect to alleged ambiguities. That said, assuming that the USPTO does a reasonable job (I doubt they would), the costs of Okonkwo In Things Fall Apart Essay having to write two claims to replace an allegedly ambiguous claim is a small price to pay for the notice benefit to the public. Of course, too many patentees are eager to leverage nebulous/ambiguous claims. Mix On Company Lululemon! This new rule from the Board of Fall Apart Essay Appeals is a call to arms for Marketing Mix on Company Lululemon, them. Of course the threshold should be reduced. Clearly, examiners need more weapons for Okonkwo Fall, rejecting claims in lieu of doing an Mix on Company Lululemon actual search or finding prior art.

Adding: the part of the proposal re going forward is Okonkwo In Things Fall Apart a closer call. I would err on Marketing Mix on Essays, the side of punishing existing patentees as well as current applicants. A better standard would be reasonably definite to the skilled artisan. Also, I would require that any statements or actions (i.e., notice of infringement letters, requests for licenses) that relate to claim construction be submittable to the PTO by third parties for filing with the application so that the public could be aware of what the patentee believes to be the proper construction of Okonkwo Fall Apart Essay his/her claim, and the public could more readily assess issues of patent abuse and inequitable conduct. Yes, because the current standard allows patentees to Mix on Lululemon, obtain patents whose scope is In Things Apart not clear until a district court judge decides which of two plainly evident but distinct (and often contradicting) constructions is the achilles iliad, correct one. Thus, the current standard fails to force applicants to Apart, comply with the requirement of achilles iliad putting the public on Okonkwo In Things Fall, notice as to Maya Angelou: Life Essay, the reasonable scope of the claimed property right.

I take back my comment, to the extent I can. I think all the negatives swirling around confused me Insolubly ambiguous = high bar to INvalidate a patent, and PTO is considering lowering the bar to invalidating a patent which is actually raising the bar to patentability. 2 points out of In Things Apart Essay 15 for anon, 0 for me. As a former examiner and now practitioner, I dont understand the question, assuming that this is strictly a policy question. Achilles Iliad! The standard is already low for pending applications examiners dont use the insolubly ambiguous standard and have probably never heard of it. It is an invalidation rule, which differs from Okonkwo Fall Apart, examination rules, and inherently takes into Marketing Lululemon Essays, account the fact that the claims have presumably passed examiner scrutiny. In Things Fall Apart Essay! This contributes to why it is a high standard in consideration of the presumption of validity. Second, who are the achilles iliad, policymakers and how could they possibly lower the standard only during examination? The PTO cant overrule statute as interpreted by the Fed. Cir., as far as I know, or make substantive patent laws. Apart Essay! Perhaps congress can do this, but the language of 112 already seems to be a lower standard than used in the Fed Cir and in practice is already applied as such.

[Response by DDC: Anon, you should remember that law professors not allow practical issues or reality to complicate our exams.] In Europe, Article 84 requires the soc the outsiders, claims to be clear, concise and supported. After issue, the claims as granted is immune to Okonkwo Essay, Art 84-based attacks, until the soc the outsiders, patent owner seeks to amend. Then, the content of the Fall Apart Essay, amendment is fair game for Art 84-based attacks. I think this scheme keeps the show on the road, by encouraging Applicants to go to industrialization lead, issue with impact-resistant claims. The USA can scrutinise the last 30 years of operation of the Essay, EPC, take what makes sense and soc the disregard the rest, and I think Dennis, the Fall, USPTO and gottesman schizophrenia the CAFC sometimes look wistfully at Europe, but cant bring US opinion round to Okonkwo Apart Essay, an open mind on borrowing good stuff from Europe. Or is that just me being child-like, innocent and naive, pds? I think its funny you call insolubly ambiguous a high standard. It is a low standard, as in low quality claims satisfy it. Particularly for pending applications the standard should be raised significantly to gottesman 1991, improve the clarity of patent rights. While it would be unfair to retroactively apply a new standard to existing patents, we should aspire to improving things in the future. No it is not.

112 requires that the scope of the claims be ascertainable. Okonkwo In Things Fall Apart Essay! A prudential rule allowing the PTO to lower the 112 threshold by Fines Essay, adjusting/expanding claim scope results in an uncontrolled inquiry. That is, the PTO analysis of a claims scope would involve modifying the claims scope itself. I can make anyone fail a breathalyzer if I can add alcohol to their blood during the test. Dennis should give out grades if people answer the question. I suggest 0 points for Fall Apart Essay, anon.

1 for gide the immoralist, grasping that the PTO has real-world incentives that have little to In Things Fall Essay, do with substantive patent law; -1 for arguing without explanation that LOWERING a hurdle to patentability will be used as a weapon to reduce the number of soc the outsiders applications. Calling the PTO policymakers is Okonkwo In Things Fall Apart Essay being polite at best. A good idea? No, as it will be used by the PTO as a weapon to reduce the number of applications instead of tool to gide, further prosecution. Comments are closed. Dennis Crouch Associate Professor, University of Okonkwo Fall Apart Essay Missouri School of Law SSRN Articles Jason Rantanen Professor, University of Iowa College of Law SSRN Articles Occasional guest posts by IP practitioners and academics. About 25,000 individuals now receive Patently-O via e-mail each morning.

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A Few General Facts about How To Write 5 Paragraph Essay ? In general, the 5-paragraph essay is regarded as the Fall Apart typical essay writing task. This type of essay is utilized in the majority of well-established examinations, like TOEFL, IELTS or SAT. Seeing as in the majority of such examinations you need to stick to a time limit when it comes to finishing the Writing part, its advisable to learn the structure of the Maya Angelou: Life 5-paragraph essay by heart. This way, youll be able to complete the exam swiftly and Okonkwo In Things Fall Apart efficiently. The best feature of this format is the fact that it can be used for a large variety of essays, such as Expository, Narrative, Persuasive, Cause and Effect or Persuasive essays. 5-Paragraph Essay Subject Examples. Here are a few of the most recurrent subjects on which students write 5-paragraph essays: Is an individual able to memorize a life lesson from an soc the, event they werent part of?

Is one able to learn from the errors of other individuals? Is it moral to conduct experiments on animals? Should homosexual matrimony be legalized? Should the legislation on firearms become harsher? Should the capital punishment be fully eliminated? Should cannabis become legal? Should all students benefit from free-of-charge education?

No doubt, you can write 5-paragraph essays on many other topics in addition to Okonkwo, these examples. The Structure of a 5-Paragraph Essay. Soc The! The introduction is the section which lays down the outline of the entire essay. The initial phase represents the HOOK sentence. The Hook Sentence has the In Things Fall Apart Essay purpose of catching the readers interest. In general, the Maya Life Fines Hook Sentence is a rhetorical one. Additionally, it could also constitute a life example or an outstanding piece of information. For instance: Lets say that your 5-paragraph essay approaches the topic of Okonkwo In Things Fall Apart environment protection. In that case, you can come up with a sentence like: Is it normal to live in a world of achilles iliad barren lands and waste? The question above is a rhetorical one. This means that no one expects a response, as the answer is evident. Short Introduction of Substantiated Arguments (1 to 3) In this section, you should concisely present your substantiated arguments.

The key is to avoid disclosing an excessive amount of information. As a piece of advice, picture this short introduction as the Okonkwo In Things Fall Apart Essay trailer of gottesman 1991 schizophrenia a film, meaning that it ought to be captivating, but it must not reveal the STORY. For instance: Environmental protection is Okonkwo In Things Fall, essential to preserving the outsiders well-being of our planet. This is the most essential part of the whole essay; it represents your argument. The argument will serve as the premise of the entire paper. Okonkwo Apart Essay! Seeing as your essay deals with environmental conservation, your thesis could be something like: Environmental protection is essential to averting huge natural calamities. A small piece of advice: if you believe that the body paragraphs are not related to the thesis youve chosen, the best solution would be to achilles iliad, modify the thesis. The Three Body Paragraphs: 5 to 7 Phrases. This represents the bulk of your paper. In this part, you need to justify the perspective youre supporting (Thesis Assertion). In general, the Okonkwo In Things Apart Essay three body paragraphs have the following outline: Introductory Phrase (1), Substantiated Argument/Justification (3-5), Conclusion Phrase (1).

The Introductory Phrase must concisely present your argument. It shouldnt disclose too much. Schizophrenia! For instance, you could say something like: Disforestation and Okonkwo Fall Apart atmosphere contamination affect the soc the characteristics of the atmosphere and intensify the probability of illness in In Things Fall Apart addition to andre gide the immoralist, damaging our planet! Substantiated Argument and Okonkwo Fall Essay Justification: This section involves particularizing the andre the immoralist subject, while still, most significantly, SUPPORTING THE THESIS! For instance: Materialism and egoism represent important factors which harm our surroundings, as they are responsible for Okonkwo In Things Apart destroying our forests and soc the polluting our air. Okonkwo Fall Apart Essay! While initially a couple of people may benefit from this, in the long run, these factors are dangerous to the entire population. Maya Life Essay! For instance, in Beijing, the atmosphere quality is so low that people are obliged to Okonkwo Apart, use masks to industrialization lead, be allowed to move around the city. The Conclusion Phrase ought to represent the contrary of the introductory one. Rather than presenting your argument, you should concisely conclude it, moving on to the subsequent one. For instance: To sum up, the deterioration of our natural assets, as well as the quality of our atmosphere, does not only affect the Earths health but the entire humankind. Okonkwo In Things Apart! KEEP IN MIND THAT ALL 3 BODY PARAGRAPHS MUST HAVE THE SAME STRUCTURE!

The arguments you offer ought to be presented in the following order: The first body paragraph ought to include your second most powerful argument The second body paragraph ought to describe your poorest argument The third body paragraph ought to present your most powerful argument. To have a better idea of the structure of a 5-paragraph essay, take a look at the following table: Conclusion (3 to 5 Phrases): This must reflect your introduction. Reiterate Your Thesis (Phrase 1): You must reiterate your primary argument (thesis) in a straightforward manner. To demonstrate that your perspective is valid, you should show confidence when you rephrase the thesis. For instance: The security and Essay endurance of our planet are highly reliant on the manner in which we choose to Okonkwo Apart, behave towards it, and the more attentively we stimulate the 1991 schizophrenia procedure, the more we will profit from it. Providing conclusions for Apart Essay your substantiated arguments (1 to Lululemon Essays, 3 Phrases): This part involves paraphrasing the central ideas of your arguments in a single phrase per paragraph. Okonkwo Apart Essay! In case part of your substantiated arguments are alike, you can simply merge them into a single phrase. This way, youll preserve an gide, adequate organization.

For instance, lets say that one of the arguments you provided deals with restricting the Okonkwo Essay utilization of resources. In that case, you can write something like Restricting the utilization of our natural assets and andre enhancing their performance represent essential methods of Okonkwo In Things Fall Essay strengthening the health of the Earth. Drafting a Conclusion for the Hook Phrase (Facultative) A great manner of finalizing a paper is by offering something unpredicted, which may amaze the reader. A great idea would be to devise a second hook, one which summarizes your essay in only a couple of words. Ideally, create a rhetorical question. For instance: The soundness of the Earth is highly significant, and in the end, we don't want to turn our planet into a desert, dont we? This way, your essay will present a certain level of lead to imperialism excitement towards the end, and the reader will ponder over your assertion. Different educational establishments from all over Fall Essay the globe utilize different rules. Nevertheless, one of the most well-established criteria types is the 5 point type. This involves five different sections, namely Focus, Organization, Conventions, Style and outsiders Content. Focus: Did the Okonkwo In Things Fall student take enough time to demonstrate their hypothesis? Did they meet this target? Organization: Did the essay have a fluent style?

Did the student move from one paragraph to the other in a steady manner? Did they stick to the adequate structure without deviating from it? Conventions: Was the paper written using good grammar? Were the phrases too long? Style: Did the student utilize high-quality lexicon? Did they repeat words too often? Were the phrase structures original enough? Content: Did the student succeed in Marketing Mix on Company Lululemon demonstrating their argument?

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four doms essay [1] Mr. President, Mr. Speaker, Members of the Seventy-seventh Congress: [2] I address you, the Members of the Fall Essay, members of this new Congress, at a moment unprecedented in the history of the Union. I use the word unprecedented, because at Maya Fines, no previous time has American security been as seriously threatened from without as it is today. [3] Since the permanent formation of our Government under the Constitution, in 1789, most of the periods of crisis in our history have related to our domestic affairs.

And fortunately, only one of thesethe four-year War Between the Statesever threatened our national unity. Today, thank God, one hundred and thirty million Americans, in forty-eight States, have forgotten points of the compass in our national unity. [4] It is true that prior to 1914 the United States often had been disturbed by events in other Continents. We had even engaged in two wars with European nations and in a number of undeclared wars in the West Indies, in the Mediterranean and in the Pacific for Okonkwo In Things Fall, the maintenance of American rights and for the principles of peaceful commerce. Mix On Essays. But in no case had a serious threat been raised against our national safety or our continued independence. [5] What I seek to convey is the Okonkwo Apart Essay, historic truth that the United States as a nation has at all times maintained opposition, clear, definite opposition, to any attempt to lock us in behind an ancient Chinese wall while the Company Essays, procession of civilization went past. Today, thinking of our children and of their children, we oppose enforced isolation for ourselves or for any other part of the Americas.

[6] That determination of ours, extending over all these years, was proved, for example, in the early days during the quarter century of wars following the French Revolution. [7] While the Napoleonic struggles did threaten interests of the Okonkwo Apart, United States because of the French foothold in the West Indies and in Louisiana, and 1991, while we engaged in the War of 1812 to vindicate our right to peaceful trade, it is nevertheless clear that neither France nor Great Britain, nor any other nation, was aiming at domination of the whole world. [8] And in like fashion from 1815 to 1914ninety-nine yearsno single war in Apart Europe or in Asia constituted a real threat against our future or against the future of any other American nation. [9] Except in andre the Maximilian interlude in Mexico, no foreign power sought to establish itself in this Hemisphere; and Okonkwo In Things Fall Essay, the strength of the British fleet in the Atlantic has been a friendly strength. It is still a friendly strength. [10] Even when the how did industrialization lead, World War broke out in 1914, it seemed to contain only small threat of danger to our own American future. But, as time went on, as we remember, the American people began to visualize what the downfall of Okonkwo Apart Essay, democratic nations might mean to our own democracy. [11] We need not overemphasize imperfections in the Peace of Versailles. We need not harp on failure of the democracies to deal with problems of world reconstruction.

We should remember that the Peace of 1919 was far less unjust than the kind of pacification which began even before Munich, and industrialization to imperialism, which is being carried on under the new order of Okonkwo In Things Fall Apart Essay, tyranny that seeks to spread over every continent today. The American people have unalterably set their faces against that tyranny. [12] I suppose that every realist knows that the democratic way of life is at this moment being directly assailed in every part of the worldassailed either by arms, or by secret spreading of poisonous propaganda by those who seek to destroy unity and promote discord in nations that are still at peace. [13] During sixteen long months this assault has blotted out the whole pattern of democratic life in an appalling number of independent nations, great and small. And the assailants are still on the march, threatening other nations, great and small. [14]Therefore, as your President, performing my constitutional duty to give to the Congress information of the state of the Union, I find it, unhappily, necessary to report that the future and the safety of our country and of our democracy are overwhelmingly involved in events far beyond our borders. [15] Armed defense of democratic existence is now being gallantly waged in four continents.

If that defense fails, all the population and all the resources of Europe, and Asia, and Africa and Australasia will be dominated by conquerors. And let us remember that the total of those populations in those four continents, the total of those populations and achilles iliad, their resources greatly exceeds the sum total of the population and the resources of the whole of the Western Hemisphereyes, many times over. [16] In times like these it is immatureand incidentally, untruefor anybody to Okonkwo Fall Essay brag that an unprepared America, single-handed, and with one hand tied behind its back, can hold off the whole world. [17] No realistic American can expect from a dictators peace international generosity, or return of true independence, or world disarmament, or freedom of expression, or freedom of religionor even good business. [18] Such a peace would bring no security for Mix on Essays, us or for our neighbors. Those, who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety. [19] As a nation, we may take pride in the fact that we are softhearted; but we cannot afford to In Things Essay be soft-headed. [20] We must always be wary of those who with sounding brass and a tinkling cymbal preach the ism of appeasement. [21] We must especially beware of that small group of selfish men who would clip the wings of the Mix on Company Lululemon Essays, American eagle in order to In Things Fall Apart Essay feather their own nests.

[22] I have recently pointed out Mix on Lululemon Essays how quickly the tempo of Fall Apart Essay, modern warfare could bring into our very midst the physical attack which we must eventually expect if the dictator nations win this war. [23] There is andre the immoralist much loose talk of our immunity from immediate and direct invasion from across the Okonkwo In Things Fall Essay, seas. Obviously, as long as the British Navy retains its power, no such danger exists. Even if there were no British Navy, it is not probable that any enemy would be stupid enough to attack us by landing troops in the United States from across thousands of miles of ocean, until it had acquired strategic bases from which to operate. [24] But we learn much from the lessons of the past years in gottesman Europe-particularly the lesson of Norway, whose essential seaports were captured by treachery and surprise built up over a series of years. [25] The first phase of the invasion of this Hemisphere would not be the landing of regular troops. Okonkwo Fall. The necessary strategic points would be occupied by secret agents and by their dupes- and great numbers of them are already here, and in Latin America. [26] As long as the aggressor nations maintain the Company Essays, offensive, they-not wewill choose the time and the place and Fall Apart, the method of their attack.

[27] And that is why the future of all the Mix on Company Essays, American Republics is In Things today in achilles iliad serious danger. [28] That is why this Annual Message to the Congress is unique in our history. [29] That is why every member of the Executive Branch of the In Things Essay, Government and every member of the Congress face great responsibility and great accountability. [30] The need of the Maya Fines Essay, moment is that our actions and our policy should be devoted primarilyalmost exclusivelyto meeting this foreign peril. For all our domestic problems are now a part of the Okonkwo In Things Apart, great emergency. [31] Just as our national policy in internal affairs has been based upon a decent respect for the rights and the dignity of industrialization lead, all of our fellow men within our gates, so our national policy in foreign affairs has been based on a decent respect for the rights and the dignity of all nations, large and small. And the justice of morality must and Okonkwo In Things Apart Essay, will win in the end.

[32] Our national policy is this: [33] First, by an impressive expression of the public will and without regard to partisanship, we are committed to all-inclusive national defense. [34] Second, by an impressive expression of the public will and without regard to partisanship, we are committed to full support of all those resolute people everywhere who are resisting aggression and are thereby keeping war away from our Hemisphere. By this support, we express our determination that the democratic cause shall prevail; and we strengthen the defense and the security of our own nation. [35] Third, by an impressive expression of the public will and without regard to partisanship, we are committed to the proposition that principles of achilles iliad, morality and Okonkwo Fall, considerations for our own security will never permit us to acquiesce in a peace dictated by aggressors and sponsored by appeasers. Industrialization To Imperialism. We know that enduring peace cannot be bought at the cost of other peoples freedom. [36] In the recent national election there was no substantial difference between the two great parties in respect to that national policy.

No issue was fought out on this line before the American electorate. And today it is Okonkwo In Things Fall Essay abundantly evident that American citizens everywhere are demanding and supporting speedy and complete action in recognition of obvious danger. [37] Therefore, the immediate need is a swift and driving increase in our armament production. [38] Leaders of industry and labor have responded to schizophrenia our summons. Apart. Goals of speed have been set. In some cases these goals are being reached ahead of time; in some cases we are on schedule; in achilles iliad other cases there are slight but not serious delays; and in some casesand I am sorry to say very important caseswe are all concerned by the slowness of the accomplishment of our plans. [39] The Army and Okonkwo In Things Fall, Navy, however, have made substantial progress during the past year. Soc The. Actual experience is improving and Okonkwo In Things Fall Apart, speeding up our methods of soc the outsiders, production with every passing day. And todays best is not good enough for tomorrow. [40] I am not satisfied with the progress thus far made. The men in charge of the program represent the In Things Fall Apart, best in training, in ability, and in patriotism.

They are not satisfied with the progress thus far made. None of us will be satisfied until the gottesman 1991 schizophrenia, job is done. [41] No matter whether the Apart, original goal was set too high or too low, our objective is quicker and achilles iliad, better results. [43] We are behind schedule in turning out finished airplanes; we are working day and night to solve the innumerable problems and to In Things catch up. [44] We are ahead of schedule in Maya Essay building warships but we are working to get even further ahead of that schedule.

[45] To change a whole nation from a basis of Fall Apart, peacetime production of implements of Marketing Company Lululemon Essays, peace to a basis of wartime production of implements of war is no small task. And the greatest difficulty comes at the beginning of the program, when new tools, new plant facilities, new assembly lines, and new ship ways must first be constructed before the actual materiel begins to flow steadily and speedily from them. [46] The Congress, of course, must rightly keep itself informed at all times of the progress of the program. However, there is certain information, as the Congress itself will readily recognize, which, in the interests of Fall Apart Essay, our own security and those of the nations that we are supporting, must of needs be kept in confidence. [47] New circumstances are constantly begetting new needs for our safety. I shall ask this Congress for greatly increased new appropriations and authorizations to carry on what we have begun. [48] I also ask this Congress for authority and for funds sufficient to manufacture additional munitions and war supplies of many kinds, to be turned over to those nations which are now in Marketing Mix on Company actual war with aggressor nations. [49] Our most useful and immediate role is to act as an arsenal for them as well as for ourselves. They do not need man power, but they do need billions of dollars worth of the weapons of defense.

[50] The time is near when they will not be able to pay for them all in ready cash. We cannot, and Fall Apart, we will not, tell them that they must surrender, merely because of achilles iliad, present inability to pay for the weapons which we know they must have. [51] I do not recommend that we make them a loan of In Things Fall Apart Essay, dollars with which to pay for these weaponsa loan to Life and Poetry’s Fines be repaid in dollars. [52] I recommend that we make it possible for those nations to continue to Okonkwo In Things Apart Essay obtain war materials in the United States, fitting their orders into our own program. Soc The. And nearly all of their materiel would, if the time ever came, be useful in Okonkwo Apart our own defense. [53] Taking counsel of expert military and naval authorities, considering what is best for our own security, we are free to decide how much should be kept here and how much should be sent abroad to our friends who by their determined and heroic resistance are giving us time in which to make ready our own defense. [54] For what we send abroad, we shall be repaid, repaid within a reasonable time following the close of hostilities, repaid in similar materials, or, at our option, in other goods of many kinds, which they can produce and which we need. [55] Let us say to the democracies: We Americans are vitally concerned in your defense of freedom. How Did Industrialization. We are putting forth our energies, our resources and our organizing powers to give you the strength to regain and Okonkwo Essay, maintain a free world.

We shall send you, in achilles iliad ever-increasing numbers, ships, planes, tanks, guns. This is our purpose and our pledge. [56] In fulfillment of this purpose we will not be intimidated by the threats of dictators that they will regard as a breach of international law or as an act of war our aid to the democracies which dare to resist their aggression. Such aid . Okonkwo In Things Apart. . . Gottesman. such aid is not an act of Fall Essay, war, even if a dictator should unilaterally proclaim it so to how did lead to imperialism be. [57] And when the dictators, if the dictators, are ready to make war upon us, they will not wait for Okonkwo Fall Essay, an act of Mix on Company Lululemon Essays, war on our part. They did not wait for Norway or Belgium or the In Things Fall, Netherlands to commit an act of war. [58] Their only interest is in a new one-way international law, which lacks mutuality in its observance, and, therefore, becomes an instrument of oppression. [59] The happiness of future generations of Americans may well depend upon Angelou: Life and Poetry’s Fines, how effective and how immediate we can make our aid felt. No one can tell the exact character of the emergency situations that we may be called upon to meet.

The Nations hands must not be tied when the Nations life is in danger. [60] Yes, and we must all prepareall of us prepareto make the sacrifices that the emergency almost as serious as war itselfdemands. Whatever stands in Fall Apart the way of speed and efficiency in defensein defense preparations of any kindmust give way to the national need. [61] A free nation has the right to expect full cooperation from all groups. A free nation has the right to look to the leaders of business, of labor, and of agriculture to take the lead in stimulating effort, not among other groups but within their own groups.

[62] The best way of dealing with the few slackers or trouble makers in our midst is, first, to shame them by patriotic example, and, if that fails, to outsiders use the sovereignty of government to save government. [63] As men do not live by bread alone, they do not fight by In Things Essay, armaments alone. Those who man our defenses, and those behind them who build our defenses, must have the stamina and the courage which come from unshakable belief in the manner of life which they are defending. The mighty action that we are calling for schizophrenia, cannot be based on a disregard of all things the Okonkwo Fall Apart, worth fighting for. [64] The Nation takes great satisfaction and much strength from the achilles iliad, things which have been done to make its people conscious of In Things, their individual stake in the preservation of democratic life in America. Gide. Those things have toughened the fibre of our people, have renewed their faith and strengthened their devotion to the institutions we make ready to protect.

[65] Certainly this is no time for any of us to stop thinking about the social and economic problems which are the root cause of the Okonkwo Fall, social revolution which is today a supreme factor in soc the outsiders the world. [66] For there is nothing mysterious about the foundations of a healthy and strong democracy. Fall Apart. The basic things expected by our people of their political and economic systems are simple. They are: [67] Equality of opportunity for youth and for others. [68] Jobs for those who can work. [69] Security for those who need it. [70] The ending of special privilege for the few.

[71] The preservation of civil liberties for gide, all. [72] The enjoyment . . . the enjoyment of the fruits of scientific progress in a wider and constantly rising standard of living. [73] These are the simple, the basic things that must never be lost sight of in Okonkwo Fall Apart the turmoil and to imperialism, unbelievable complexity of Essay, our modern world. Life Essay. The inner and abiding strength of our economic and Okonkwo Apart, political systems is dependent upon the degree to which they fulfill these expectations. [74] Many subjects connected with our social economy call for gottesman, immediate improvement.

[76] We should bring more citizens under the coverage of Okonkwo Fall Apart Essay, old-age pensions and unemployment insurance. [77] We should widen the how did to imperialism, opportunities for adequate medical care. [78] We should plan a better system by Fall Apart, which persons deserving or needing gainful employment may obtain it. [79] I have called for personal sacrifice. And I am assured of the willingness of almost all Americans to respond to that call.

[80] A part of the sacrifice means the payment of more money in taxes. In my Budget Message I will recommend that a greater portion of this great defense program be paid for from taxation than we are paying for today. No person should try, or be allowed, to get rich out of the achilles iliad, program; and the principle of tax payments in accordance with ability to pay should be constantly before our eyes to guide our legislation. [81] If the Congress maintains these principles, the voters, putting patriotism ahead of pocketbooks, will give you their applause. [82] In the future days, which we seek to make secure, we look forward to a world founded upon Fall Apart, four essential human freedoms. [83] The first is freedom of speech and expressioneverywhere in the world. [84] The second is freedom of every person to worship God in his own wayeverywhere in the world. [85] The third is freedom from wantwhich, translated into world terms, means economic understandings which will secure to Angelou: Life Essay every nation a healthy peacetime life for its inhabitants-everywhere in the world. 86] The fourth is freedom from fearwhich, translated into Okonkwo Fall world terms, means a world-wide reduction of armaments to Maya Angelou: and Poetry’s Essay such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighboranywhere in the world. [87] That is no vision of Okonkwo Fall Apart Essay, a distant millennium. It is a definite basis for a kind of world attainable in our own time and generation.

That kind of world is the very antithesis of the so-called new order of how did industrialization, tyranny which the dictators seek to create with the crash of a bomb. [88] To that new order we oppose the greater conceptionthe moral order. Okonkwo In Things Fall. A good society is able to face schemes of world domination and foreign revolutions alike without fear. [89] Since the beginning of our American history, we have been engaged in Angelou: Life and Poetry’s changein a perpetual peaceful revolutiona revolution which goes on Fall Essay, steadily, quietly adjusting itself to gottesman schizophrenia changing conditionswithout the concentration camp or the quick-lime in the ditch. The world order which we seek is the cooperation of free countries, working together in a friendly, civilized society. [90] This nation has placed its destiny in the hands and heads and hearts of its millions of free men and women; and its faith in freedom under the guidance of God. Freedom means the supremacy of human rights everywhere. Okonkwo Apart Essay. Our support goes to those who struggle to achilles iliad gain those rights and keep them. Okonkwo In Things Apart Essay. Our strength is our unity of purpose. [91] To that high concept there can be no end save victory.

Maegan Parker Brooks. Voices of Democracy: The U.S. Oratory Project. Shawn J. Parry-Giles. Department of Communication. 2130 Skinner Building. University of Maryland.

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