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FW: [patentinterference] PROPOSED ELIMINATION OF CPA PROCEDURE

From: Bahr, Robert
Sent: Wednesday, July 11, 2001 3:43 PM
To: AB37 Comments
Subject: FW: [patentinterference] PROPOSED ELIMINATION OF CPA PROCEDURE

Importance: High
Rick Neifeld
Oblon, Spivak, McClelland, Maier & Neustadt, P.C.
1755 Jefferson Davis Highway
Arlington, VA 22202
Tel: 703-412-6492
Fax: 703-413-2220
This email may contain confidential and privileged information. If you are not an intended recipient of this email, please notify the sender and delete the email.

Email: rneifeld@oblon.com

>>> rneifeld@oblon.com 07/10/01 03:09PM >>>
Dear Commissioner,



The USPTO proposes to eliminate CPA practice for utility and design applications. 66 Federal Register 35763 (July 9, 2001).

In my opinion, the proposal should not be adopted. The reasoning supporting the proposal is defective. The reasoning is based upon the conclusion that filing an RCE is equivalent to filing a CPA, and that filing a CPA instead of a non-CPA application provides no advantages. Both conclusions are wrong.

RCE practice does not provide the applicant the benefits of the AIPA obtained by the new filing date accorded a CPA.

Filing a non-CPA continuation application requires both the applicant and the PTO to needlessly copy papers and generate a new file when compared with the single page paper necessary to effect a CPA. In fact, the USPTO recognized and advised the patent bar of exactly those advantages when implementing CPA practice!

The USPTO's change in position is illogical, inconsistent, and would needlessly add expense to patent prosecution. Therefore, the proposal should not be adopted.

Respectfully,

RICK NEIFELD
Partner, Oblon, Spivak, McClelland, Maier & Neustadt, P.C.
Chair, AIPLA Interference Committee


Rick Neifeld
Oblon, Spivak, McClelland, Maier & Neustadt, P.C.
1755 Jefferson Davis Highway
Arlington, VA 22202
Tel: 703-412-6492
Fax: 703-413-2220
This email may contain confidential and privileged information. If you are not an intended recipient of this email, please notify the sender and delete the email.
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