RE: [PIUG List] PATNEWS: Examiner cites patent application as prior art against itself

Nokia's response to the office action:

 

"Leinonen et al. (US 2006/0099993 Al) is not a valid prior art
reference. Leinonen et al. (US 2006/0099993 Al) is the publication
document of the present patent application (Application No. 10/982,469).
The examiner cannot reject applicants' claims based upon the publication
of their own patent application (U.S. publication of the same U.S.
patent application)"

 

 

Anoop Sankar

 

 

-----Original Message-----
From: Gregory Aharonian [mailto:srctran_at_TheWorld.com]
Sent: Friday, May 30, 2008 11:49 PM
To: PIUG Discussion List @ Listbox
Subject: [PIUG List] PATNEWS: Examiner cites patent application as prior
artagainst itself

 

 

Just how much has PTO operations deteriorated under Dudas and Peterlint?

What follows is a story about what has to be the worst Office Action

rejection ever - a patent application used as prior art against itself.

 

Case in point. A few weeks ago, Nokia received an Office Action on one
of

their patent applications, where the examiner used the patent
application

itself as prior art AGAINST the patent application. A PDF of the Office

Action is at:

                www.bustpatents.com/dumbOA.pdf

 

The application is titled "Multiple antenna portable handheld electronic

device", number 2006/0099993 (Ser. No. 10/982,469), filed in November
2004.

On May 16th of this month, they received an Office Action, well, as a

PATNEWS reader put it:

 

    Take a close look at the attached PTO office action recently issued.

    The patent examiner cites as prior art the very patent application

    undergoing examination (same filing date, same inventor, identical

    disclosure) to make various claim rejections.

 

    More amusing is the fact that the examiner concluded that the
subject

    matter of some of the claims was not disclosed by this "prior art".

    Apparently the examiner overlooked the fact that the original claims

    as published disclosed the supposedly missing features.

 

    This should serve as a reminder when responding to office actions:

    confirm that all "prior art" cited by the examiner is in fact

    legitimate prior art.

 

And this is what Dudas-boy is referring to when he lied to Congress with

"highest quality measures in all categories in 25 years". Jonnie and
Margie

- please resign now before you completely destroy the Patent Office.

 

Greg Aharonian

Internet Patent News Service

 

 

 

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Received on Sat May 31 2008 - 10:23:20