1.130 Affidavit or declaration to disqualify commonly owned patent or published application as prior art.
- Appendix R
1.130 Affidavit or declaration to disqualify commonly owned patent or published application as prior art.
(a) When any claim of an application or a patent under reexamination is rejected under 35 U.S.C. 103 on a U.S. patent or U.S. patent application publication which is not prior art under 35 U.S.C. 102(b), and the inventions defined by the claims in the application or patent under reexamination and by the claims in the patent or published application are not identical but are not patentably distinct, and the inventions are owned by the same party, the applicant or owner of the patent under reexamination may disqualify the patent or patent application publication as prior art. The patent or patent application publication can be disqualified as prior art by submission of:
(1) A terminal disclaimer in accordance with 1.321(c); and
1.321(c)
c) A terminal disclaimer, when filed to obviate judicially created double patenting in a patent application or in a reexamination proceeding except as provided for in paragraph (d) of this section, must:
(1) Comply with the provisions of paragraphs (b)(2) through (b)(4) of this section;
(2) Be signed in accordance with paragraph (b)(1) of this section if filed in a patent application or in accordance with paragraph (a)(1) of this section if filed in a reexamination proceeding; and
(3) Include a provision that any patent granted on that application or any patent subject to the reexamination proceeding shall be enforceable only for and during such period that said patent is commonly owned with the application or patent which formed the basis for the judicially created double patenting.
Can't he give the original filer the credit for "Prior Art" or, File a "New Patent" on the "HACK"? Plainly outlined, demonstrated and documented, hold a press conference to describe in detail the application filing and be done with it?
WOW, talk about your over-reacting!
2-Million in fines! Half going to pay for the city of Bostons actions to combat the crack heads that could actually mistake approximately 160 LEDs wired to 6 C-Cell batteries as a terrorist device.
"the devices have been in place for two to three weeks in 10 cities: Boston, New York, Los Angeles, Chicago, Atlanta, Seattle, Portland, Ore., Austin, Texas, San Francisco and Philadelphia."
WTF?
What's the other half of the fine for? Think they will use it for training the Homeland Security Officers in Boston what the differences between Toys and Bombs are?
Maybe they should add this into the coffers for creating express lanes for soccer moms with one child in thier super SUVs to the market, or making it mandatory for all owners of cell phones to only talk while driving in rush hour traffic.
Our freedom to play, experiment, share and seek inspiration from the creative works of others is increasingly restricted so that large companies can lock our culture down for their own profit. [...] governments and corporations around the world are making a concerted effort to dismantle the open internet and replace it with a regulated and regulable one that will allow them to impose an 'architecture of control.'"
Well if you don't enclose entertainment within an "architecture of control" you can't force people to pay for it. If people aren't forced to pay for it then it truly is free. Something that has a substantial value will be sought after by those whom wish control it in order to profit.
I don't think that this is the fault of the moguls involved in computer technology but rather a sign of the times both M$ & Apple have bowed to the *AA organizations and media producers to include protection for their rights within the latest and greatest operating systems.
Now we all know that bundling DRM technology into the latest and greatest OSes will not stop people from "Sharing" content, which when you get down to it is what the *AA's want. No matter who wants what, I don't see it happening.
Microsoft gets help from NSA on VISTA!
Is this better or worse? Now we have the power hungry NSA helping the money hungry Microshaft write the code for the latest and greatest Windows (TM) OS. Does this mean that we are going to be beta testing the bugs for the NSA now too?
NEWS FLASH
The US was down today while administrators patched the NSA Mainframe against some poor insignificant smucks xml buffer overflow that almost started a meltdown in the communities power plant.
In other news the FBI released the Windows Vista version guide....
"is a 'radical revision,' writes the Wall Street Journal's Walter S. Mossberg"
It could happen! Tech:Yea, click on the "Windows" icon in the upper left hand corner of the application
User:Where?
Tech:In the upper left corner, you know where the apple menu normally is...
User:Oh! OK! I see it now....
The Postal Service may authorize any officer or employee of the Postal Service to make searches for mail matter transported in violation of law. When the authorized officer has reason to believe that mailable matter transported contrary to law may be found therein, he may open and search any--
(1) vehicle passing, or having lately passed, from a place at which there is a post office of the United States;
(2) article being, or having lately been, in the vehicle; or
(3) store or office, other than a dwelling house, used or occupied by a common carrier or transportation company, in which an article may be contained
http://www.law.cornell.edu/uscode/html/uscode39/us c_sec_39_00000603----000-.html
It seems to me that the Postal Service can do this already given probable cause. Guess I will have to keep using e-mail:-)
Thats right chuck we have secretly replaced these theoretical nuclear physicist newly discovered stable heavy isotope dense matter particle with "Hot Wheels"(tm) cars.
Now with the cameras lets take a peek to see if they notice.......
:-P
Can't he give the original filer the credit for "Prior Art" or, File a "New Patent" on the "HACK"? Plainly outlined, demonstrated and documented, hold a press conference to describe in detail the application filing and be done with it?
Oh the fun of defending free speech!
2-Million in fines! Half going to pay for the city of Bostons actions to combat the crack heads that could actually mistake approximately 160 LEDs wired to 6 C-Cell batteries as a terrorist device.
WTF?
What's the other half of the fine for? Think they will use it for training the Homeland Security Officers in Boston what the differences between Toys and Bombs are?
Maybe they should add this into the coffers for creating express lanes for soccer moms with one child in thier super SUVs to the market, or making it mandatory for all owners of cell phones to only talk while driving in rush hour traffic.
Give us a break already!
I don't think that this is the fault of the moguls involved in computer technology but rather a sign of the times both M$ & Apple have bowed to the *AA organizations and media producers to include protection for their rights within the latest and greatest operating systems.
Now we all know that bundling DRM technology into the latest and greatest OSes will not stop people from "Sharing" content, which when you get down to it is what the *AA's want. No matter who wants what, I don't see it happening.
Now where will I download my hacked copy of Vista?
Microsoft gets help from NSA on VISTA!
Is this better or worse? Now we have the power hungry NSA helping the money hungry Microshaft write the code for the latest and greatest Windows (TM) OS. Does this mean that we are going to be beta testing the bugs for the NSA now too?
NEWS FLASH
The US was down today while administrators patched the NSA Mainframe against some poor insignificant smucks xml buffer overflow that almost started a meltdown in the communities power plant.
In other news the FBI released the Windows Vista version guide....
Tech:Yea, click on the "Windows" icon in the upper left hand corner of the application
User:Where?
Tech:In the upper left corner, you know where the apple menu normally is...
User:Oh! OK! I see it now....
Really, Really!! It could happen,
It seems to me that the Postal Service can do this already given probable cause. Guess I will have to keep using e-mail
Thats right chuck we have secretly replaced these theoretical nuclear physicist newly discovered stable heavy isotope dense matter particle with "Hot Wheels"(tm) cars.
:-P
Now with the cameras lets take a peek to see if they notice.......