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July 16, 2014


Not to muddy an already turbulent waters, but is not the description of "Although the Office acknowledges that the same does not hold true for second proposed change" indicate that a power of Kappos that Miss Lee cannot take up (without actual vetting by the Senate) being used?

The proposed rules that would exclude from B delay examination time that occurs after a Notice of Allowance has been issued after an RCE go beyond the issues before the court in Novartis and Exelixis, and rely on dicta taken out of context. If the PTO reopens prosecution after allowance, that does not fall under 154(b)(1)(B)(i), which only carves out "time consumed by continued examination of the application requested by the applicant under 135(b)."

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