Each patent lawyer must develop his own technique for interviewing
Examiners. Some shout and rave and rant. But that is foolhardy. One
slip, and the show is over. Others play dumb and act as if they haven’t
the slightest idea what the score is. That encourages the Examiner to
talk himself out on a limb. Still others employ the yakety-yak system
wherein they never give the Examiner a chance to open his mouth.
It is a subterfuge which is only used by those who don’t dare meet
the Examiner in fair and open combat. Others use the buddy-to-buddy
approach in which the attorney manages to convince the Examiner that he
and the Examiner--and especially the Examiner--are the only two people
in the whole world who really understand patents.
After due consideration I had decided to use an absolutely unique
approach, one never thought of before.
I was going to be myself.
I had a good invention, the application was well-written and everything
was just as it should be. I had no need to resort to deception, or
evasion. Besides, I had seen what Krome could do to attorneys with a
system. He took the system, rolled it up in a compact ball, and fanned
them out with it, scoring his three strikes without once unbending.
At two o’clock sharp, with the diving suit under my arm, I stepped up
to Mr. Krome’s desk.
“Mr. Krome?” I inquired, with just the proper amount of rhetorical
deference.
“Yes, yes. What is it?” he said without even looking up.
“I’d like to talk to you, sir, if I may. It’s about the Marchare case,
the diving suit--”
I knew Krome quite well, but still he asked me coldly, “Are you the
attorney of record?”
“Yes, sir,” was my instant reply. He knew I was--and he knew I knew
that he knew. But it was part of his routine, and I didn’t want to
irritate him by abbreviating the amenities.
“I can spare you ten minutes,” he grumbled. “I have an important
appointment with the Commissioner at two-thirty.”
I said, “Ten minutes will be quite sufficient.”
“Just a second while I get the case,” he said. He got up and
disappeared into the Clerk’s room.
Five minutes later he returned, and steamed back to his desk, my
application clutched tightly in his hand.
“Yes,” he said, without even looking at it, “part of my rejection was
on probable inoperability. Have you got a working model there?”
“I certainly have,” I replied. “Though you might not believe it even
when you see it. This is absolutely the most--”
“Why won’t I believe it when I see it?” he demanded.
“Well, I just meant--”
“Is this a trick of some kind?” he bridled.
“No. Oh, no. I just--”
“Well, why won’t I believe it when I see it?”
“I didn’t mean it that way,” I said quickly. “I meant--”
“I heard what you said. Let me remind you of Rule Three. Interviews
with Examiners must be conducted with decorum. No frivolity,
understand?”
“I’m sorry,” I apologized. “You’ll believe it. Honest you will.”
Public-domain text, read in full here on John Shaqi.
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