Monday, December 29, 2008

Rule 105 requests -- IDS more information

1)Rule 105 request may be made for "Factual" information. Asking for any type of judgement on patentability is NOT allowed - an Examiner may ask for factual informtion concerning accuracy of the Examiner's interpretations or may ask stipulations as to facts with which the applicant MAY agree or disagree. Asking for the applicant to make interpretations is not appropriate.

2)Appropriate (and complete) responses to a Rule 105 request include "The information required to be submitted is unknown" as well as "The information required to be submitted is not readily available."

Rule 105 requests--requests for more information.


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