Inventions -- Fiction; Science fiction; Short stories
It was seven months before I got the first Office Action in the Case. I
read the first few paragraphs and they were quite normal. They rejected
the Case in the usual manner by citing prior patents that had nothing to
do with my application. This kind of thing was just part of the game of
prosecution in which the Patent Examiner makes rejections because that
is what he is supposed to do no matter what the invention; they don't
have to make much sense. But then came a paragraph that went way beyond
good sense and proper rejection technique. It said:
_The specification is objected to as containing large portions that are
merely laudatory. See Ex parte Grieg, 181 OG 266, and Ex parte
Wellington 113 OG 2218. These portions are superfluous and should be
deleted, Ex parte Ball, 1902 CD 326. The specification is unnecessarily
prolix throughout and contains an unduly large number of embodiments, Ex
parte Blakemen, 98 OG 791. Shortening is required._
I didn't wait. I grabbed the file of the Case and almost ran over to the
Patent Office to straighten out the Examiner on a few things. As usual,
Herbert Krome was the Examiner, so I charged up to his desk and
immediately began explaining to him the importance of the Tearproof
Paper Case. He seemed to pay no attention to me, but I knew him; he was
listening. When I finally paused to let him say something, he looked at
me quizzically and said, "Mr. Saddle, aren't you aware of the Notice of
October 11, 1955?"
I looked at him blankly and said, "What's that?"
"It says that interviews with Examiners are not to be held on Fridays
except in exceptional circumstances."
I gulped and said, "Is today Friday?"
He pushed his desk calendar toward me. It was Friday all right, and the
thirteenth at that. I was too embarrassed to speak, and I got up and
began to walk out. Mr. Krome called after me. "This must be an important
case, Mr. Saddle. I'll expect to see you the first thing Monday." I
nodded, and left.
By Monday, my embarrassment had not diminished. I had really done an
unheard-of thing in patent prosecution. In patent prosecution, the
patent attorney has six months to respond to an Office Action. Since
attorneys carry a docket of cases adapted to fill all their time, an
attorney in most instances requires the full six months to respond to an
outstanding Office Action. Industrious attorneys with relatively light
dockets might respond in five months' time. This may also happen when
the attorney is trying to get a little ahead so he can go on a vacation.
There are rare instances of record when an attorney had taken some
action in three or four months. But here, in the Tearproof Paper Case, I
had actually gone for an interview on the very first day. I couldn't
possibly go back on the following Monday; my pride would not allow me. I
waited until Tuesday.
Public-domain text, read in full here on John Shaqi.
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