Practice questions anyone?

Here are three really good ones!

1. The subject matter of a design patent may relate to any one of the following EXCEPT ___________________?

(A) A scheme of surface ornamentation
(B) The configuration of an article
(C) The shape of an article
(D) The surface ornamentation applied to an article
(E) The combination of configuration and surface ornamentation

2. John Doe was traveling in Canada on business when, late one night, sitting before a warm fire and polishing off a fine bottle of pear brandy, he conceived of a way to use apple parings to create a unique brandy. The next day he tried out his idea on a small still one of his friends maintained, and all were satisfied with the product. The date of conception was October 1, 2011 and the date of reduction to practice was October 2, 2011.
He filed a Canadian application but, distracted by personal financial reverses, he allowed it to be abandoned after it was published on June 12, 2012.
John’s interest in his invention was revived when his brother in law offered to pay the cost of filing an application in the United States in return for a one half undivided interest. Assuming the US application will be filed on April 4, 2013, is the application barred by 35 USC 102?

(A) Yes, because the published Canadian application is a bar under 35 USC 102(d)
(B) No, because the Canadian published application is Doe’s
(C) Yes, because the conception and reduction to practice did not take place “in this country.”
(D) No, because the date of the Canadian publication is less than one year before the US filing date
(E) Yes, because the Canadian priority has been lost

3. On May 3, 2011, a final rejection was mailed to the applicant in a non-provisional application relating to the processing of pig fat. The action set a shortened statutory three month period to respond. Angered by the continued rejection of all the claims, the applicant filed a notice of appeal on May 23, 2011. However, after retaining a new attorney and studying the claims, applicant came to the conclusion that the claims did not properly bring out the patentable features, and that new claims should be submitted. .
On July 27, 2006, applicant filed a proper Request for Continued Examination (RCE) with amended claims and arguments as to how the amended claims distinguish over the prior art. Is an extension of time required to file the RCE and, if so, how long?
(A) No extension of time is required, since the RCE was filed within the original three month period to respond
(B) A one month extension of time is required
(C) A two month extension of time is required
(D) No extension of time is required since the RCE was filed within the statutory six month period
(E) A three month extension is required
Answers

1. Trick question. (A) is correct. MPEP 1502. Design patents protect things, three dimensional things, not images. This is one of those questions where logic won’t help. You have to know or find that MPEP statement. A scheme of surface ornamentation is interpreted to be apart from the object and that cannot be.
2. (D) is correct. You must know your 35 USC 102 in and out. Only 102(b) can apply here and the 102(b) date is less than a year before the US filing date so there is no bar
3. (B) is correct. Filing the Notice of Appeal set a two month period to file an appeal brief or otherwise act. That deadline was not met, and thus a one month extension is required in order for the application to be pending at the date that the RCE is filed. An RCE can be filed only of pending applications.

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