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If the certified copy is required and is not filed within the later of four months from the filing date of the application or sixteen months from the filing date of the previously filed application, a petition including a showing of good and sufficient cause for the delay and the petition fee set forth in 37 CFR 1. The completed copy of the e-IDS form sent to an applicant should be made of record in the official file when the copy is sent to the applicant. Form PTOL should not be mailed to the applicant by the examiner. Pending U. The following situations involving questions of abandonment often arise, and should be specially noted:. The examiner should not require that a translation be filed by applicant. By signing up for email you are certifying that you are at least 18 years old and a resident of the U.

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Such an amendment is regarded as nonresponsive and is not a bona fide attempt to advance the application to final action.

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Since the intent of the disclaimer was to link the term of the later patent to the term of the earlier patent, the PTO and the court said it was not foreseeable that sometime later the law would change and make the full term longer than the listed date, and therefore the actual term would control as a matter of fairness. The filing of an improper RCE will not operate to toll the running of any time period set in the previous Office action for reply to avoid abandonment of the application. The Office cannot ensure that any petition under 37 CFR 1. The references cited in the PCT international search report by the [1] have been considered, but will not be listed on any patent resulting from this application because they were not provided on a separate list in compliance with 37 CFR 1. An e-IDS contains an electronic list of U. Likewise, an unintentional delay in filing a petition or renewed petition to revive an abandoned application will not warrant waiver of the terminal disclaimer requirement of 37 CFR 1. An earlier-than-normal expiration of the first patent, for example because the owner failed to pay the maintenance fees, does not affect the term of the patent subject to the disclaimer.

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