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1613 MANUAL OF PATENT EXAMlNlNG PROCEDURE must be the same as the deuomiuatiou registered iu another member state of UPOV. Form Paragraph 16.05 may be used to object to the disclosure as lackiug a common or market name or "denomination" of the plant. 'I 16.05 Name or Denomination for Plant Missing The disclosure is objected to under 37 CPR 1.121(e) because no "varietydenomination" ofthe instant plant hasbeen-setforth in the disclosure. 37 CPR 1.163(c)(4). Correction by adding such a Dame is required. '116.05.01 Latin Name ofGenus and Species ofthe Plant Claimed Missing The disclosure is objected to under 37 CPR 1.121(e) because the Latin name of the genus and species of the instant plant has August2001 1600-10 not been set forth in the disclosure. 3TCPR 1.163(c)(4). Correctionby adding such a name is required. 1613 Right ofPriority Based upon Application for Plant Breeder's Rights Pursuant t035 U.S.C. 119(f), an application for a plant pateut may rely upon an applicatiou for plant breeder'srights filed in a WTO member country (or in a foreignUPOV Contracting Party) for priority under 35 U.S.c. 119(a) through (c). ...............................
1701 Office Personnel Not To Express Opinion on Validity or Patentability of Patent 1701 Office Personnel Not To Express Opinion on Validity or Patentability of Patent 1701.01 OfficePersonnel NotTo Testify 1702 Restrictions on Former Examiners 1703 The Official Gazette 1704 Application Records and Reports 1705 Examiner Docket, Time, and Activity 1706 1711 1720 Recordation Disclosure Documents U.S.-PhilippinesSearcb Exchange Dissemination of Court and Board of Patent Appeals and Interferences Decisions 1721 Treatment of Court and Board of Patent Appeals and Interferences DecisionsAffecting Patent and Trademark OfficePolicy and Practice 1730 Information Sonrces 1701 Office Personnel Not To Express Opinion on Validity or Patentability of Patent Every patent is presumed to be valid. 35 U.S.C. 282, first sentence. Public policy demands that every employee of the United States Patent and Trademark Office(USPTO) refuse to express to any person any opinion as to the validity or invalidity of, or the patentability or unpatentability of any claim in any U.S. patent, except to the extent necessary to carry out (A) an examination of a reissue application of the patent, (B) a reexamination proceeding to reexamine the patent, or (C) an interference involving the patent. The question of validity or invalidity is otherwise exclusively a matter to be determined by a court. Members of the pateut examining corps are cautioned to be especially wary of any inquiry from any person outside the USPTO, including an employee of another U.S. Government agency, the answer to which might indicate that a particular patent should not have issued. No USPTO employee may pursue a bounty offered by a private sector source for identifying prior art. The acceptance of payments from outside sources Chapter 1700 Miscellaneous for prior art search activities may subject the employee to administrative disciplinary action. When a field of search for an invention is requested, examiners should routinely inquire whether the invention has been patented in the United States. If the invention has been patented, no field of search should be suggested. Employees of the USPTO, particularly patent examiners who examined an application which matured into a patent or a reissued patent or who conducted a reexamination proceeding, should not discuss or answer inquiries from any person outside the USPTO as to whether or not a certain reference or other particular evidence was considered during the examination or proceeding and whether or not a claim would have been allowed over that reference or other evidence had it been considered during the examination or proceeding. Likewise, employees are cautioned against answering anyinquiry concerning any entry in the patent or reexamination file, including the extent of the field of search and any entry relating thereto. The record of the file of a patent or reexamination proceeding must speak for itself. Practitioners can be of material assistance in this regard by refraining from making improper inquiries of members of the patent examining corps. Inquiries from members of the public relating to the matters discussed abovemust of necessity be refused and such refusal should not be considered discourteous or an expression ofopinion as to validity or patentability. 1701.01 Office Personnel Not To Testify It is the policy of the United States Patent and Trademark Office (USPTO) that its employees, including patent examiners, will not appear as witnesses or give testimony in legal proceedings, except under the conditions specified in IS CFR PartIo, Subpart B. Any employee who testifies contrary to this policy will be dismissed or removed. The reasons for this policy are set out in IS CFR 15.13. Whenever an employee of the USPTO, including a patent examiner, is asked to testify or receives a subpoena, the employee shall immediately notify the Office of the USPTO General Counsel. Inquiries requesting testimony shall be also referred immediately to the Office of the USPTO General Counsel. 1700-1 August 2001
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1453 MANUAL OF PATENT EXAMlNING PRO
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patent cannot be reissued solely fo
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the patent will issue to the applic
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3. Prepare Certificate using form p
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to .accept an unintentionally delay
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HI' cx-z CFz:/ Column 10, formula x
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1501 Statutes and RulesApplicable 1
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Photographs submitted in lieu of in
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PCTRule 33. Relevant Prior Art for
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NO SEARCH REQUIRED IF CLAIMS· ARE
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PATENT COOPERATION TREATY INTERNATI
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The fact that the alternatives of a
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sequences will be examined with cla
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1851 Romania Romania Russian Federa
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1851 MANUALOF PATENT EXAMINING PROC
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Bulgaria Opisanie na patent za pole
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PATENTCOOPERATION TREATY 1851 Franc
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PATENTCOOPERATION TREATY 1851 South
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(3) been published under Article 21
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to pay the fees. If the preliminary
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search report are to be indicated a
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3. In bracket 2, insert name of add
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(A) the international filing date i
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2001.06 Sources of Information All
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individuals may satisfy their duty
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2010 Office Handling of Duty of Dis
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2105 Patentable Snbject Matter - Ma
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2172 Subject Matter Which Applicant
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Chakrabarty, the Board of Patent Ap
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eflecting Congressional intent, is
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empt" the law of nature. A patent c
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aliased pixel illumination intensit
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evidence can be provided that shows
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