CLASSIC CASES

CLASSIC CASES

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Divisional

Date:2017-06-02        Source:

Two similar applications were filed by an applicant. Due to some mistakes, one of the applications was filed with incorrect description and claims. During prosecution the applicant intended to submit correct claims, but unfortunately failed. Finally, the application was rejected on the ground that the amendment introduced new matter.

  After the case was transferred to the team of YUHUA UNITED, the team, based on rich experience, did not submit a reexamination request, but filed a divisional application within the due date. During the prosecution of the divisional application, the team successfully convinced the Examiner to allow the correct claim set and description based on the correct drawings as originally filed, with no rejection of introducing new matter. Finally, the divisional application was granted a patent right with a desirable claim set.