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July 07, 2013


"...the USPTO brief notes that the District Court in Exelixis II "explained[ that] an RCE adds time to the processing of the application but delay after the filing of an RCE 'emanates solely from an applicant's original failure to file an application fit for a notice of allowance.'"

Thanks for the laugh, Don. Someone should make the USPTO solicitor who wrote this brief (as well as the Judge) try to prosecute an app before his own office. Apparently neither of them have heard of the PTAB, either. If they had, they realize that its very existence is predicated on the understanding that examination corps is fallible.

Does anyone give legal credence to the argument of "solely from an applicant's original failure to file an application fit for a notice of allowance" ?


Last I checked, there is no basis in law that an application must be filed that is 'fit for a notice of allowance,' with zero time for examination - of the give and take of such.

This is not even a colorable argument, and I wonder if the attorney submitting this argument to the court should not be sanctioned for making a frivolous statement.

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