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Getting rid of CPAs



                                    From: mritter@rlklaw.com
Sent: Wednesday, August 15, 2001 9:03 PM
To: AB37 Comments
Subject: Getting rid of CPAs

CPAs are not redundant of RCEs for patent applications filed before November
29, 1999.

For many, many years, the U.S. patent system has been plagued with an
abnormality that section 102(e) art was not exempt from being used in a
section 103 rejection.  Finally, the problem has been fixed and you cannot
get a section 102(e)/103 rejection in any application filed on or after
November 29, 1999.

However, the erroneous rejection still applies to applications filed before
November 29, 1999.  In order to remove the rejeciton, the MPEP suggests
filing a CPA as it gives the new application a new filing date.  As an RCE
does not grant a new filing date, an RCE does NOT remove the rejection (see
MPEP 706.02k).

Without CPAs, there would be no way for a practioner to remove the
errroneous rejection and preserve the continuity of the file wrapper.

Instead of getting rid of CPAs, why not make the rule that CPAs do not get
published.  This would make sense you don't send in a copy of the
application when you file a CPA and presumably, the parent case may have
been published.

Thanks for your time.

Michael

RITTER, LANG & KAPLAN LLP
12930 Saratoga Ave., Suite D1
Saratoga, CA 95070
Direct: 408-446-8693
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mritter@rlklaw.com

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