December 5, at 3: Great website and thanks! Lots more questions about appeals and PCT, almost nothing on claims.
Hopefully other posters can fill in the details here. Once again, thank you to everyone who posted before me.
This site was a tremendous help to passing the exam. I encourage everyone to keep it going. I was thinking that this is issue but the answer is D as per PLI. During his summer vacation to the mountains, Eric discovered and isolated a microorganism which secretes a novel compound.
Eric purified and tested the compound in tumor-containing control mice and found that the tumors disappeared after one week; whereas tumor-containing mice which did not receive the compound died. Eric was very excited about his results and so he did a few additional experiments to characterize the microorganism and the compound which it was secreting.
Eric determined that the microorganism was an S. Eric told his friend Sam about his discovery, who urged him to apply for a U. Eric did so, but to his amazement, a primary examiner rejected all the claims to his inventions. The examiner also states that Eric must demonstrate that the compound works in humans in order to show that it has a patentable utility.
None of the above. Living matter is not necessarily unpatentable Diamond v. Genetically engineered microorganisms are not inherently unpatentable.
Thus, A cannot be the correct answer.
Demonstrating that a pharmaceutical has activity in animals is evidence of credible utility, so B cannot be the correct answer. Thus, C cannot be the correct answer. Since the microorganism is already known in the prior art, it is likely that any compound that it produces can be extracted from it by methods that are known in the art.
Note that according to the fact pattern, only the compound was claimed, not its use as a cure for cancer. Since D is correct, E obviously cannot be. You are correct that the patent could have been rejected under 35 USC since the microorganism is not genetically engineered, but that option was not one of the choices presented.IDS is a charitable company limited by guarantee and registered in England (No.
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Aug 12, · When you’re on the web, you’re on a mission. Big or small, work or play – Chrome has the smarts and speed you need to do, create, and explore online. Sometimes when you use the. I believe that answer A is correct in light of the request for continued examination combined with the IDS.
The RCE restarts the clock for IDS submission requirements to 37 CFR (b)(4) – “Before the mailing of a first Office action after the filing of a request for continued examination under § ”.