Paper C 207, Part A - Marking Guide [70 pts] C Claims 50 pts Independent claim amendments - 36 pts Note: if an essential feature is instead introduced in a new dependent claim, part marks will be given (50%) Total pts Preamble: viewer providing a 3D effect changed to viewer screen divided into at least two portions retained ( two portions give 3 pts) at least one first plane and at least one second plane added ( two planes give 3 pts) V configuration added 6 each screen portion corresponds to particular plane added ( each screen portion adjacent to particular plane give 2 pts) images directed in opposite directions added 6 frame deleted translucent deleted Dependent claim amendments and other defects pts All significant features of original dependent claims are retained (if original claims 6, 7 is deleted no deduction) 36 2 Pts awarded Deleted for example in claim Mention that deleting translucent from claim solves claim 2 Corrected antecedents in original claims,, 7, 8, 0 Corrected extraneous word in original claim 7 Corrected ambiguity from original claim Removed original claim 5 frame moved to dependent claim 2 3D effect moved to dependent claim 2 translucent moved to dependent claim 2 *deductions for introducing new formality defects (- per defect max -3) (if introduced v-conf., must delete claim 6)
Response to report 20 pts Total pts Pts awarded Statement indicating support for features added to claim * 3 Explain how novelty defect wrt D is overcome * Explain how obviousness defect wrt D and CGK is overcome * 2 Explain how obviousness defect wrt D and D2 is overcome * 6 * Marking based on clarity, logic, internal consistency Discussion with respect to defects identified in report 5 Total pts for response: 20
Example Claims. A viewer comprising: a) a screen for displaying images, the screen divided into at least two screen portions; and b) at least one first plane projecting from the screen; and c) at least one second plane projecting from the screen opposing the first plane, such that the first and second planes form a V-configuration above the screen; wherein each screen portion corresponds to a particular plane and the image from the screen portion is partially reflected in the corresponding plane such that the images of the screen portions are directed in one of first and second substantially opposite directions. 2. The viewer of claim wherein the planes are translucent. 3. The viewer of claim wherein the planes are transparent.. The viewer of any one of claims -3 wherein the screen is a portable device screen. 5. The viewer of any one of claims - wherein the planes are symmetrical. 6. The viewer of any one of claims - wherein the planes are asymmetrical. 7. The viewer of any one of claims -6 further comprising a screen controller that splits a screen image into at least two images for display on the at least two screen portions corresponding to the at least one first and second planes. 8. The viewer of any one of claims -7 wherein angles of the at least one first and second planes are adjustable. 9. The viewer of any one of claims -8, wherein the at least one first plane and at least one second plane comprise two or more first and second planes, such that images of two or more screen portions are superimposed when viewed from one of the first or second substantially opposite directions, providing a 3D effect. 0. The viewer of any one of claims -9, in which a frame is provided for supporting and positioning the at least one first plane and the at least one second plane relative to the screen.. The use of the viewer of any one of claims -0, for gaming.
Paper C 207, Part B - Marking Guide [30 pts] Question Answer Pts C2 An examiner can make a requisition for prior art under section 29 of the Patent Rules and make a requisition for a response to an examiner s report under subsection 30(2) of the Patent Rules. Identify two (2) different types of requisitions that can be made and the specific section of the Patent Rules. 2 R. 30() Final Action R. 89/3/80 Provision of certified copy of priority document R. 0. Amendment of description to include date of original deposit of a biological material C3 C The applicant is filing a new Canadian application and wishes to request expedited prosecution under the Patent Prosecution Highway agreements. List four () requirements for filing a complete request under the PPH. Possible Answers (Mark first answers given): a completed PPH request form; examination has not yet started; the relevant supporting documents (OEE work product(s) and OEE allowed claims); claim correspondence table; at least one claim must correspond to allowed claim in OEE; a request for examination; insure the application is open to public inspection. Indicate the maximum time limit, and the date from which said time limit is based, for each of the following [ mark each]: (a) For a PCT application to enter the national phase in Canada; (b) For completing a Canadian application; (c) For requesting examination of a divisional application; (d) For filing a disclaimer. (a) 30 months from the priority date, or from the international filing date, if there is no priority claim; the time limit can be extended to 2 months. [ss. 58(3) of the Patent Rules] (b) 5 months from priority date or before the later of: - 3 months after the date of the notice requiring the application to be complete; and - 2 month after the filing date of the application [ss. 27(6) and (7) of the Patent Act and ss.9()and (2) of the Patent Rules] (c) before the later of - 5 years from the filing date of the original application; and - 6 months from the date the divisional application was filed [ss. 35(2) and 73()(d) of the Patent Act and ss. 96() of the Patent
Rules] (d) at any time during the life of the patent [S.8 of the Patent Act] C5 An Applicant's response to an Examiner's report is due July, 207, which falls on a Saturday. What is the last possible day to file the response and avoid abandonment of the application? C6 C7 Tuesday July, 207 because the Office is closed for business on Saturday, Sunday and Monday. Ref. S.78() of the Patent Act The applicant has filed an application on March 7, 20, with a valid priority date of April 23, 203. With reference to specific subsections of the Patent Act, state whether the following pieces of prior art would, or would not, be citable with regard to (i) anticipation and (ii) obviousness. a) An application filed on October 26, 202 with the United States Patent and Trademarks Office (USPTO) by the same applicant, with a valid priority date of October 25, 20, and published on April 25, 203 [2 marks]. b) A Canadian application from a different applicant filed on April 9, 203, with a valid priority date of April 20, 202 [2 marks]. c) A presentation by the applicant at a conference in Europe on March 6, 203 [2 marks]. - a)(i) not citable for anticipation, 28.2()(a) (within grace period) a)(ii) not citable for obviousness, 28.3 (within grace period) b )( i) citable for anticipation, 28.2( )(c) or (d) b )(ii) not citable for obviousness, 28.3 c)(i) citable for anticipation, 28.2( )(a) c )(ii) citable for obviousness, 28.3 What is the relevant date as of which the utility of an invention must be established? The filing date (MOPOP 7.03.03) 6 C8 A PCT application that entered the national phase in Canada on August 25, 20 has a priority date of January 9, 202, and a PCT filing date of January, 203. Examination has not yet been requested. (a) What is the Canadian filing date of the application? [ mark] (b) What is the deadline to request examination of this application? [ mark] 2
(a) January, 203 (b) January, 208 C9 C0 C C2 Other than the Patent Prosecution Highway (PPH), list another mechanism by which examination of an application may be advanced out of routine order. Special order (ss. 28.() of Patent Rules); Green technology (Ref: MOPOP 3.03.0) A document cited as prior art was published in March 20, but the exact publication day is unknown. What is the assumed publication date for this document? March 3, 20 (Ref: MOPOP 5.05) What are the three conditions that must be satisfied for a patentable selection from a previously known genus? () the selection must be based on some substantial advantage; (2) the whole of the selection must possess the advantage; and (3) the advantage must be in respect of a quality of a special character peculiar to the whole selection. (Ref: MOPOP 5.07) True or False? a) After payment of the final fee, an amendment-after-allowance may be entered, at the examiner s discretion, if no prior art search would be required. 3 5 FALSE (Reference MOPOP 9.0) b) A decision of the re-examination board can be appealed by the patentee to the Patent Appeal Board. FALSE (appeal is to the Federal Court) (Ref: MOPOP 23.02.06) c) In requesting the reissue of a patent, the patentee must surrender the original patent at the time of submitting the request. FALSE (Reference: MOPOP 23.03.06/07) d) The claims of a reissued patent can be broader than those of the original granted patent.
TRUE (Ref: MOPOP 23.03) e) The Patent Appeal Board review of rejected applications is limited to issues raised in the Final Action and Summary of Reasons. FALSE (Reference MOPOP 2.07.03)