Editing MPEP 724
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Parties bringing information to the attention of the | Parties bringing information to the attention of the | ||
Office for use in the examination of applications and reexaminations are frequently faced with the prospect | Office for use in the examination of applications and | ||
reexaminations are frequently faced with the prospect | |||
of having legitimate trade secret, proprietary, or protective | of having legitimate trade secret, proprietary, or protective | ||
order material disclosed to the public. | order material disclosed to the public. | ||
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made of record in the application, and | made of record in the application, and | ||
(1) It establishes, by itself or in combination with other | |||
information, a prima facie case of unpatentability of a | |||
claim; or | |||
(2) It refutes, or is inconsistent with, a position the applicant | |||
takes in: | |||
(i) Opposing an argument of unpatentability relied on by | |||
the Office, or | |||
(ii) Asserting an argument of patentability. | |||
A prima facie case of unpatentability is established when | A prima facie case of unpatentability is established when | ||
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unpatentable under the preponderance of evidence, burden- | unpatentable under the preponderance of evidence, burden- | ||
of-proof standard, giving each term in the claim | of-proof standard, giving each term in the claim | ||
its broadest reasonable construction consistent with | its | ||
the specification, and before any consideration is given to | broadest reasonable construction consistent with | ||
the | |||
specification, and before any consideration is given to | |||
evidence which may be submitted in an attempt to establish | evidence which may be submitted in an attempt to establish | ||
a contrary conclusion of patentability. | a contrary conclusion of patentability. | ||
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1.56(b). The same duty rests upon a patent owner | 1.56(b). The same duty rests upon a patent owner | ||
under 37 CFR 1.555 whose patent is undergoing reexamination. | under 37 CFR 1.555 whose patent is undergoing reexamination. | ||
Somewhat the same problem faces a protestor | Somewhat the same problem faces a protestor | ||
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appearing in the description of the patent application. | appearing in the description of the patent application. | ||
724.01Completeness of the Patent FileWrapper | |||
It is the intent of the Office that the patent file | It is the intent of the Office that the patent file | ||
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===724.05 Petition To Expunge Information or Copy of Papers in Application File=== | ===724.05 Petition To Expunge Information or Copy of Papers in Application File=== | ||
I.INFORMATION SUBMITTED UNDER MPEP § 724.02 | I.INFORMATION SUBMITTED UNDER | ||
MPEP § 724.02 | |||
A petition under 37 CFR 1.59(b) to expunge information | A petition under 37 CFR 1.59(b) to expunge information |