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January 18, 2018

Comments

The decision to NOT follow up with what may have been an ORAL admission made me wonder if 37 CFR 1.2 applies to the PTAB forum (given that the PTAB is most definitely BACK INTO the patent office and all).

37 CFR 1.2 (emphasis added): 1.2 Business to be transacted in writing.

All business with the Patent and Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and Trademark Office is unnecessary.

*** The action of the Patent and Trademark Office will be based exclusively on the written record in the Office.***

No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.

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