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Comments - Geller

From: Joe Geller []
Sent: Wednesday, March 29, 2000 11:22 AM
Subject: amended rules : 1.104(c)(4)

Dear Mr. Bahr:

    The rules which include sec. 1.104 (c)(4) (prior art exclusion for
commonly assigned patents) have an effective date of May 29, 2000, but, the
corresponding section 4807 of AIPA, was effective November 29, 1999.

Is rule 1.104 (c)(4) retroactive to patents filed on or after November 29,

Can a CPA (where allowed for patents filed between June 8, 1995 and May 29,
2000) be used to achieve the benefit of the 102(e) exclusion for patents
originally filed before November 29, 1999? (as the rule describes with
respect to patent term adjustment)

    I am studying the new rules for a second term course on patent law at
the Touro Law Center.

Very Truly Yours,

Joseph Geller

United States Patent and Trademark Office
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