Test Number 014 Test Series 292 N~ ------------~---------

U.S. DEPARTMENT OF COMMERCE UNITED STATES PATENT AND TRADEMARK OFFICE

REGISTRATION EXAMINATION FOR PATENT ATTORNEYS AND AGENTS

October 14, 1992

Morning Section (1 00 Points) Time: 3 Hours

DIRECTIONS

This section of the examination is an open book examination. You may use books, notes, or other written materials that you believe will be of help to you except you may not use prior registration examination questions and/or answers. Books, notes or other writ­ten materials containing prior registration examination questions and/or answers cannot be brought into or used in the room where this examination is being administered. If you have such materials, you must give them to the proctor before this section of the examination begins.

All questions must be answered in SECTION 1 of the Answ~r Sheet which is provided to you by the proctor. You must use a No.2 (or softer) lead pencil to record your answers on the A¥er Sheet. Darken completely the circle corresponding to your answer. You must keep your mark within the circle. Erase completely all marks except your answer. Stray marks may be counted as answers. No points will be awarded for incorrect answers or unanswered questions. Questions answered by darkening more than one circle will be considered as being incorrectly answtr~.

This section of the examination consists of fifty (50) multiple choice questions, each worth two (2) points. Do not assume any additional facts not presented in the questions. The most conect answer is the policy, practice and procedure which must, shall or should be followed in accordance with the patent statutes, PTO rules, and the Manual of Patent Examining Procedure (MPEP), unless modified by a subsequent court decision or a notice in the Official Gazette. There is only one most correct answer to each question. Where choices (A) through (D) are correct and the last choice is "All of the above", the grouped answer will be the most correct answer. Where a question includes a statement with blanks or ends with a colon, select the answer from the choices given to complete the statement which would make the statement true. Unless otherwise explicitly stated, all references to patents or applications are to be understood as being patents or applications for utility inventions only, as opposed to plant or design inventions. Where the terms "USPTO, "PTO" or "Office" are used in this examination, they mean the U.S. Patent and Trademark Office.

You may write anywhere on this examination booklet. However, do not remove any pages from the booklet. Only answers recorded in Section 1 of your Answer Sheet will be graded. YOU MUST SCORE AT LEAST 70 POINTS TO PASS THIS SECTION OF THE REGISTRATION EXAMINATION.

DO NOT TURN THIS PAGE UNTIL YOU ARE INSTRUCTED TO CHECK THE CONTENTS OF THIS EXAMINATION BOOKLET

OR TO BEGIN THE EXAMINATION

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1. A benefit of establishing small entity status in a utility application is that the applicant:

(A) may have a reduced burden of proving that his or her invention is patentably distinct from the prior art.

(B) may pay a reduced fee for petitioning the Commissioner to invoke his supervisory authority in an appropriate circumstance.

(C) may pay a reduced fee for petitioning the Commissioner to suspend the rules. (D) may pay a reduced fee for mailing communications to the PTO with a certificate of mailing. (E) may pay a reduced fee for maintaining an original or reissue patent.

2. In which of the following situations may an affidavit or declaration be, used to antedate a reference?

(A) The reference is a U.S. patent to another having a patent date of six (6) months prior to the applicant's effective filing date, and the patent shows and claims applicant's claimed invention.

(B) The reference is a foreign patent to another having a patent date nine (9) months prior to applicant's effective U.S. filing date, and shows, but does not claim, applicant's claimed invention.

(C) The reference is a publication ~y another having a publication date of eighteen (18) months prior to the applicant's effective U.S. filing date.

(D) The reference is a publication by another which discloses applicant's claimed invention and which was published one (1) month before ipplicant's effective U.S. filing date, but not prior to applicant's reduction to practice of his invention in Mexico.

(E) The reference is a U.S. patent to another l):aving a patent date thirteen (13) months prior to applicant's effective u.s. filing date, and shows, but does not claim, applicant's claimed invention.

3. Jones filed his first U.S. patent application on Wednesday, July 25, 1990. On Friday, January 18, 1991, Jones filed a second U.S. patent application disclosing and claiming similar subject matter as that claimed in the first application. The second application was properly rejected over the first application under the judicially created doctrine of obviousness type double patenting. Jones filed a terminal disclaimer in his second application which overcame the double patenting rejection. However, Jones refiled the second application as a continuation under 37 CFR 1.60 and immediately thereafter expressly abandoned the second application. The examiner rejected the claims of the continuation application for obviousness type double patenting over the first application. The rejection is:

(A) proper until a terminal disclaimer is filed in the continuation application. (B) proper because an inventor's application must be rejected over a co-pending application of the

same inventor if the two applications claim similar subject matter. (C) improper because the continuation application discloses similar subject matter as the frrst

application. (D) improper because a terminal disclaimer cannot obviate an obviousness type double patenting

rejection. (E) · improper because the filing of the continuation application eliminated the first application as

a reference.

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4. You are a patent agent practicing in a medium size intellectual.property law finn in a small town in the Midwest. Today, October 14, 1992, Jones, General Patent Counsel of LNM Corporation, asks for your advice on a possible reexamination. Jones wants to request reexamination of a U.S. patent issued to Anderson and assigned to XYZ Corporation, the chief competitor of LNM Corporation. The patent issued on October 9, 1990. Jones shows you invoices and affidavits from two former salesmen of XYZ Corporation which together clearly and convincingly establish that the invention claimed in the patent was offered for sale sixteen (16) months prior to the effective filing date of the patent application on which the patent was granted. The most appropriate advice to Jones is that:

(A) a request for reexamination of the patent on the basis of an offer for sale is proper because the offer for sale raises a substantial new question of patentability under the reexamination statute.

(B) a request for reexamination of the patent on the basis of an offer for sale is proper because in a reexamination proceeding the patent will be reexamined for patentability over any prior art not cited during the original prosecution of the patent.

(C) a request for reexamination of the patent is not proper because the PTO will not issue an order reexamination of the patent based on the invoices and affidavits of the two salesman.

(D) a request by Jones for reexamination of the Anderson patent is not proper because only the attorney for LNM Corporation can file a request for reexamination of the patent.

(E) a request for reexamination of the patent is not proper because the offer for sale does not bar the patentability of the invention claimed in the patent.

5. Frack, a Belgian citizen, presented a paper in French to a scientific conference in Brussels on Saturday, September 1, 1990. The paper described Frack's invention in detail. There is no known prior art teaching or suggesting Frack's invention. One thousand copies ofFrack's paper (in French) were distributed to participants at the conference. The paper was also included in a paperback book which was a compilation of all papers preserifed at the conference. The book became available to the general public on Wednesday, September 5, 1990. On Monday, September 10, 1990, Frack filed a patent application in the Belgian Patent Offt.ce disclosing and claiming his invention. The Belgian application had substantially the same disclos'ure as the paper Frack presented at the conference in Brussels. On Monday, September 9, 1991, Frack's U.S. patent agent filed a U.S. patent application based on and claiming priority of the Belgian application. For the purposes of this question, disregard any issues of absolute novelty under the Belgian law. Frack's September 1, 1990 paper ___ a statutory bar to Frack's U.S. patent application because ____ _

(A) is not .. Frack can properly rely on the September 10, 1990 filing date of the Belgian application which was filed less than one year after the September 1, 1990 publication date of the paper.

(B) is not .. a foreign publication cannot be a bar to a U.S. patent application. (C) is not .. the statutory provisions for patentability only apply to U.S. citizens. (D) is .. the invention was known and used by others after the invention thereof by Frack. (E) is .. 35 U.S.C. 119 cannot be used to overcome a printed publication, anywhere in the world,

in any language, which was published more than one year before the actual filing date of the U.S. patent application.

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6. A parent application V was filed on September 10, 1982 and became abandoned on October 19, 1987. Application W was filed on October 21, 1987 which referred to application V and claimed the benefit of the filing date of the V application. Application W issued as a patent on June 18, 1991. Application X was filed on October 30, 1987 which referred to application Wand claimed the benefit of the filing date of theW application. Application Y was filed on December 20, 1990. Application Y referred to application W and claimed the benefit of the filing date of the W application. Both applications X andY were abandoned on July 22, 1992. Application Z was filed on July 22, 1992 and is drawn to the same invention as claimed in applications X and Y. Application Z claims the benefit of the filing dates of applications V, W, X and Y, and makes reference to all preceding applications. The earliest effective filing date of application Z with respect to any common subject matter in the prior applications is:

(A) September 10, 1982 (B) October 21, 1987 (C) October 30, 1987 (D) December 20, 1990 (E) July 22, 1992

7. Inventors Baker and Charlie filed a patent application in the PTO on November 27, 1990, claiming a widget they jointly invented on January 10, 1990. The examiner rejected claims to the widget under 35 U.S.C. 102(e)/103 in view of a U.S. pate'irt granted on May 14, 1991 to Able and Baker. Able and Baker described, but did not claim the widget, in their patent. The Able and Baker patent application was filed in the PTO on January 25, 1...Q90. At the time the respective inventions were made, Able, Baker and Charlie were each obligated. 'to assign their inventions to Acme Corporation, their employer. By way of separate assignments, Acme Corporation is the common owner of the Able and Baker invention as well as the Baker and Charlie invention. All of the assignments were properly recorded in the PTO before May 14, 1991. The rejection:

(A) can be overcome by filing a terminal disclaimer. (B) can be overcome if Baker and Charlie file a proper antedating affidavit. (C) cannot be overcome because the invention was described in a patent granted on an application

for patent by another before the invention thereof by the applicants. (D) is equivalent of an obviousness-type double patenting rejection. (E) is improper because the second paragraph of 35 U.S.C. 103 excludes previously developed,

commonly owned subject matter, from the prior art.

8. Which of the following files is ordinarily not open to the public?

(A) An interference proceeding file involving a U.S. patent. (B) A reissue application. (C) A reexamination proceeding file. (D) A substitute application. (E) All of the above.

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9. Drs. John Jones and Jean Smith work for Nugene Corporation, a company incorporated in Delaware. Nugene Corporation qualifies as a small entity. Drs. Jones and Smith jointly invented a new process for replicating a gene. Adams, a registered practitioner, prepared a patent application naming Jones and Smith as inventors. The application was filed in the PTO on August 28, 1992. The claims in the application are directed to ,the new process. The application includes a specification which identifies Jones and Smith as joint inventors and which complies with 35 U.S.C. 112, a set of claims, a flow chart of the process, and the proper filing fee. On October 5, 1992, Adams received a notice from the PTO that the application as filed was incomplete because an oath or declaration was not filed with the application. Adams could not locate the originally signed declaration and Adams immediately called Drs. Jones and Smith and informed them that a new declaration was being sent to them for execution to be subsequently filed in the PTO. During the conversation, however, Adams learned that Dr. Ned Clone should also have been named as a joint inventor. After reviewing the laboratory notebooks, Adams agreed that Dr. Clone should have been named as a coinventor with Drs. Jones and Smith. None of the inventors have assigned any rights in the invention to Nugene Corporation. For the purpose of answering this question, assume that any person who must sign documents is available and willing to assist Adams to correct the inventorship. Which of the following choices is the most appropriate action to take on behalf of the inventors to respond to the notice from the PTO and to correct the inventorship?

(A) File (i) an amendment to add Clone as an inventor, (ii) a petition including a statement of facts verified by Clone stating that the error arose without deceptive intent and establishing when the error was discovered and how it occurred, (iii) a declaration under 37 CFR 1.63 by Clone, (iv) the written consent of Nugene Corporation; and (v) the appropriate fees.

(B) File (i) an amendment to add Clone as an inventor, (ii) a petition including a statement of facts verified by Jones and Smith stating that the error arose without deceptive intent and establishing when the error was discovered and how it occurred, (iii) a declaration under 37 CFR 1.63 by Jones, Smith and Clone, 1llid (iv) the appropriate fees.

(C) File (i) an amendment to add Clone as ~ inventor, (ii) a petition including a statement of facts verified by Jones, Smith and Clone stating that the error arose without deceptive intent and establishing when the error was discovered and how it occurred, (iii) a declaration under 37 CFR 1.63 by Jones, Smith and Clone, and (iv) the"appropriate fees.

(D) File (i) an amendment to add Clone as'an inventor, (ii) a petition including a statement of facts verified by Adams stating that the error arose without deceptive intent and establishing when the error was discovered and how it occurred, (iii) a declaration under 37 CFR 1.63 by Jones, Smith and Clone, (iv) the written consent of Nugene Corporation, and (iv) the appropriate fees.

(E) No other documents other than the declaration under 37 CFR 1.63 executed by "John Jones", "Jean Smith" and "Ned Clone" and identifying the specification need be filed because the application as originally filed did not include an oath or declaration naming the inventors.

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10. An interview with a patent examiner responsible for examining a patent application:

(A) must be made of record in writing only if agreement is reached with the examiner and reconsideration is requested by applicant in view of the interview.

·(B) is normally considered untimely if requested before the first Office action in an original application.

(C) must be memorialized in writing by the practitioner where the interview discusses only procedural matters.

(D) is normally permitted after the Appeal Brief has been filed. (E) must always be memorialized in writing by the examiner, who sets forth the substance of the

interview, unless the examiner and the practitioner agree the practitioner will record the substance of the interview.

11. The claim, .. An alloy consisting of 70.5 to 77.5% iron, 15.0 to 17.0% cobalt, 0.5 to 1.0% carbon, up to 2.5% chromium, and at least 7.0% tungsten .. is anticipated by a reference disclosing an alloy having:

(A) (B) (C) (D) (E)

76.0% iron, up to 15.0% cobalt, 0.5% carbon, and 8.5% tungsten. 71% iron, 15% cobalt, 1.0% cart?on, 1% chrohrium, 8% tungsten, and 4% nickel. 71.3% iron, 15.2% cobalt, 0~9% carbon, 2.6% chromium, and 10% tungsten. 76% iron, 15% cobalt, 1.0% carbon, at least 2.0% chromium, and 6% tungsten.

~~:1'1!

72.0o/a iron, 16.5% cobalt, at least 2.0% carbon, 2.5% chromium, and up to 7.0% tungsten.

12. Patent applicant Smith claims .. a rotary vane puJ:I?.1>. having impellers coated with ceramic X for the purpose of preventing cavitation of the impellers ... The examiner rejected the claim under 35 U.S.C. 103 as being unpatentable over a patent to John in view of a patent to Alex. John teaches a rotary vane pump having impellers coated with epoxy resin for the purpose of preventing corrosion of the impellers. Alex teaches a mixing device having agitator blades coated with ceramic X for the purpose of preventing corrosion of the blades. Alex also suggests that the ceramic X coating material 11is useful on various types of pumps for the purpose of preventing corrosion... The examiner considered that (i) it would have been prima facie obvious to one having ordinary skill in the art to substitute in John for his epoxy resin coating material the ceramic X coating material as taught by Alex and (ii) the resultant rotary vane pump would have coated impeller blades which would inherently prevent cavitation. The combination of John and Alex:

(A) cannot support a prima facie case for obviousness unless the Alex reference contains a suggestion that ceramic X will cause cavitation.

(B). cannot support a prima facie case for obviousness inasmuch as the discovery that ceramic X prevents cavitation imparts patentability to a known composition.

(C) cannot shift the burden of proof to the applicant to show that the prior invention lacked the newly discovered property asserted for the claimed invention unless one of the references discloses the property.

(D) may support a prima facie case for obviousness even though the Alex reference does not disclose that ceramic X will prevent cavitation or can be used on the impellers of a rotary vane pump.

(E) c·an support a prima facie case for obviousness only if both references show or suggest that ceramic X can be used in a rotary vane pump.

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13. Smith is a registered practitioner located in a medium size city more than 400 miles from Washington, D.C. Smith entered into a retainer agreement with inventor. Jones on May 1, 1991 and was paid $500 in advance to conduct a patentability search. The retainer agreement set forth no specific time when the search was to be performed and completed. After. waiting eight weeks and without hearing from Smith, Jones called Smith's office and left a message with Smith's .secretary, who promised that Smith would return the call. Smith did not return that call or several other calls thereafter from Jones. On September 12, 1991, Jones got Smith on the telephone, and Smith said that the search had been completed and that a report would be mailed to Jones within a week. After receiving no report at the end of three weeks, Jones called Smith on October 3, 1991 and was told by Smith's secretary that Smith was in Washington, D.C. Within 30 minutes after Jones talked to Smith's secretary, Jones visited Smith's office and found Smith sitting at his office. Smith admitted to Jones that no work had been done on the patent search. To this point, Jones has not incurred any known harm as a consequence of Smith's conduct. Smith's conduct:

(A) is unethical because the facts show that the retainer agreement did not specify when the search had to be completed.

(B) is unethical because Smith represented that the search had been done when in fact it was not performed.

(C) is ethical because Jones had no right under the retainer agreement to manage or supervise Smith's time and work schedule.

(D) is ethical because Jones incurred no harm. (E) is ethical because registered practitioners who are retained to conduct a patentability searches

are not subject to the PTO Code of Professional Responsibility.

14. On April 3, 1988, Smith discovered a proce~s for making a new composition made by heating an aqueous mixture of a resin and a metal saltr Smith filed a patent application on July 28, 1988, which issued as a patent on January 16, 1990. The patent claims were directed only to the process for making the composition. However, thez_patent discloses, but does not claim, the composition. On September 19, 1989, Norman discovered that Smith's composition could be made by a different process comprising the steps of reacting a resin, a metal Qxide and an acid in a nitrogen atmosphere. On January 10, 1990, Norman filed an appl1cation which claims the composition and his method of making the composition. All work by Smith and Norman was done in this country. The examiner rejected Norman's composition claims over Smith's patent. The rejection is:

(A) proper because Smith discloses the composition and has an earlier filing date than Norman. (B) proper because Smith's composition was known by others in this country. (C) improper because the patent to Smith was filed more than one year prior to the filing date of

Norman's application. (D) improper because Norman flied his application before Smith's patent issued. (E) improper because Smith discloses a process which is different from that which Norman used

to make the composition.

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15. In which of the following situations would it be most appropriate to obtain review of the examiner's action by appeal to the Board of Patent Appeals and Interferences?

(A) The patent application was abandoned for failure to file a response to an Office action. (B) After a first Office action in an original patent application where all of the claims in the

application are rejected over prior art. (C) After an Office action where a restriction requirement has been made final, and a petition under

3 7 CFR 1.144 has been denied. (D) After the examiner has refused to consider or enter an amendment copying a claim from a U.S.

patent for the purpose of provoking an interference. (E) At least one claim in a patent application has been rejected twice by the examiner.

16. A requestor, other than the patent owner, has filed a request to initiate a reexamination proceeding. If the examiner issues an order for reexamination, it is permissible for:

(A) the requestor to have an ex parte interview with the examiner to discuss the sufficiency of the patent owner's statement.

(B) the patent owner to add new claims to the patent by amendment without paying a fee. (C) the patent owner to extend the time to file a statement on the new question of pate~tability by

filing a petition for a one month extension of time and paying a one month extension of time fee.

(D) the patent owner to enlarge the scope of a claim in the patent by amendment. (E) the patent owner to change an original patent drawing to add a new feature which was not

disclosed or claimed in the original patent. · .. ·

17. On January 6, 1992, Doe asked patent agent Bronson to prepare and file a patent application on an automobile jack which Doe had invented. Doe gave Bronson several sketches and a written description of the jack which described and showed the jack as utilizing only a scissors-type lifting mechanism. Bronson prepared a patent application disclosing the scissors-type lifting mechanism based on the information provided by Doe. The claims of the patent application recited the lifting mechanism generically as "lifting means" since the specific type of lifting mechanism was not thought by Doe to be critical to the inventive feature of his jack. After Doe reviewed and signed the application, Bronson filed it in the PTO on February 3, 1992. On March 20, 1992, Doe discovered that his jack worked much better with a screw-type lifting mechanism as opposed to the scissors-type mechanism. Doe immediately informed Bronson of this fact. In response to the first Office action, Bronson cancelled all of the original claims and presented a new claim to the jack which included the provision of the screw-type lifting mechanism. Is the new claim proper at this stage of the prosecution?

(A) No, because the claim would be properly rejected under 35 U.S.C. 112, first paragraph. (B) No, because the claim would be properly rejected under 35 U.S.C. 112, sixth paragraph (C) No, because the claim would be properly rejected under 35 U.S.C. 132. (D) Yes, because the claim particularly points out and distinctly claims the subject matter which

Doe regards as his invention or discovery. (E) Yes, because the claim sets forth the best mode contemplated by Doe for carrying out his

invention.

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The answer to each of Questions 18-22 is based upon the facts set forth in the paragraph below. Answer each question independently of the others. · ·

You are a registered patent agent with an office in Detroit, Michigan. On February 5, 1991, Smith, a resident of Windsor, Ontario (Canada), came to you for the purpose of obtaining a U.S. patent on his invention. He tells you that he first conceived his invention at his home in Windsor, Ontario on January 11, 1990 and that he reduced it to practice on February 2, 1990 at his home. On February 5, 1991, Smith provided you with a detailed written description fully disclosing his invention. You diligently proceeded to prepare the application. You flied the application in the PTO on March 4, 1991. Consider each of the situations presented in the questions below in light of the facts presented above and determine which paragraph of 35 U.S.C. 102, if any, would prevent Smith from obtaining a U.S. patent.

18. Smith's invention is described and claimed in a U.S. patent to Francois granted on March 5, 1992 on an application filed on December 4, 1990, claiming priority to a French application filed on December 5, 1989.

(A) 35 U.S.C. 102 (b) (B) 35 U.S.C. 102 (c) (C) 35 U.S.C. 102 (e) (D) 35 U.S.C. 102 (f) (E) None of the above.

19. Smith patented his invention in Canada on January 22, 1991 on a Canadian application filed on March 1, 1990.

(A) 35 U.S.C. 102 (a) (B) 35 U.S.C. 102 (b) (C) 35 U.S.C. 102 (d) (D) 35 U.S.C. 102 (e) (E) None of the above.

20. In February of 1990, Smith sold prototypes of his invention in Canada.

(A) 35 U.S.C. 102 (a) (B) 35 U.S.C. 102 (b) (C) 35 U.S.C. 102 (f) (D) 35 U.S.C. 102 (g) (E) None of the above.

21. The invention is described and claimed in a Japanese patent granted to loti on March 1, 1991 based on an application filed in Japan on November 30, 1989.

(A) 35 U.S.C. 102 (b) (B) 35 U.S.C. 102 (e) (C) 35 U.S.C. 102 (f) (D) 35 U.S.C. 102 (g) (E) None of the above.

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22. After the application was filed, Smith admitted that in order to make the claimed invention operative, the mechanic who built the prototype of Smith's invention had to add a novel feature which is included in all the claims in Smith's application.

(A) 35 U.S.C. 102 (a) (B) 35 U.S.C. 102 (b) (C) 35 U.S.C. 102 (f) (D) 35 U.S.C. 102 (g) (E) None of the above.

23. Which of the following choices would not serve as a legitimate basis for requesting accelerated prosecution of a patent application?

(A) The patent applicant has investors who want to invest two- million dollars in order to purchase new equipment for your client's company and to hire additional employees who will help manufacture the product being claimed in Q,is application, but are reluctant to make the investment until the patent is granted. '

(B) The product being claimed in the applicant's application has been shown to have particular utility in the reduction of harmful diesel engi.~ exhaust emissions.

(C) The patent applicant has received over one million dollars in royalty payments to date. (D) Applicant's invention has been shown in test1esults to greatly increase the miles per gallon of

gasoline operated automobiles. . > • ·

(E) The patent applicant is 50 years old and is suffering from terminal lung cancer.

24. You are a registered patent practitioner who is just starting out on your own. You have a degree in chemistry. You have no experience or courses in electronics or experience in prosecuting patent applications having claims to electronic circuits. Smith comes to you on the day your office rent is due. Your cash flow for this month has been very poor. Smith has an invention which involves a new electronic circuit. He wants you to prepare a patent application. You feel that your lack of knowledge of and experience in electronics may prevent you from preparing an· adequate patent application. Under the circumstances, you should:

(A) charge Smith a higher fee because electronics is a specialty. (B) request a retainer fee from Smith and have him sign a statement waiving any right he may have

to sue you for malpractice. (C) obtain a retainer from Smith and, unbeknownst to Smith, divide the retainer with a friend, a

registered practitioner working for another law finn, who is experienced in electronics and who will competently prepare the application for Smith.

(D) decline employment and refer Smith to another registered patent practitioner experienced in prosecuting applications in the electronics art.

(E) obtain a retainer, prepare the patent application, and have Smith file the application as a pro se applicant.

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The answer to each of Questions 25 and 26 below is based upon the facts set forth in the paragraph below and any additional facts given in each question. Answer each question independently of the other.

Smith filed a patent application claiming a method of making a golf ball. The application contained claims 1 and 2. The examiner rejected both claims under 35 U.S.C. 102(b) as being anticipated by the reference to Cyan and cited the references to Orange, Purple and Green as being of interest. Smith filed a request for reconsideration, urging that Cyan did not disclose each of the method limitations set forth in the claims. The examiner, however, repeated the rejection and made it final. Smith appealed. On appeal, the Board reversed the examiner's rejection of claims 1 and 2 and entered a new rejection of these claims under 35 U.S.C. 103. The Board properly rejected the claims as being unpatentable over Purple in view of Green.

25. Which of the following would be the most appropriate action for Smith to take in responding to the Board's action?

(A) Appeal the Board's decision directly to the Court of Appeals for the Federal Circuit. (B) File a request for reconsideration with the Board in regard to the rejection of claim 1 and file

an amendment with the examiner amending claim 2 to avoid the prior art. (C) File an amendment with the examiner canceling claim 1 and amending claim 2 to avoid the

prior art. (D) File a request for reconsideration with the Board arguing that the rejection is improper because

prosecution in the application has been closed. (E) File an amendment with the examiner amending claims 1 and 2 to avoid the prior art and

presenting a new claims 3, 4 and 5 directed to the golf ball.

26. The Board rendered its decision rejecting the claims on October 5, 1992 and set a two (2) month shortened statutory period for response. Smith elects to proceed before the examiner. What would be the very last date permitted by the PTO rules on which Smith could file a timely response to the Board's rejection and avoid abandonment of the application if the response does not include an extension of time fee, but does include a petition for an extension of time which establishes sufficient cause for which Smith could be granted an extension of time by the PTO for the maximum period of time permitted by statute to prosecute the application?

(A) Saturday, December 5, 1992 (B) Monday, December 7, 1992 (C) Monday, January 5, 1993 (D) Thursday, February 5, 1993 (E) Monday, April 5, 1993

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27. On February 10, 1992, patent agent Doe mailed from Los Angeles, California the following items in the same envelope using the U.S. Postal Service "Express Mail" service:

I. A patent application by Jones. II. A response to a first Office action in a patent application by Smith. III. An affidavit by Professor Smart in support of patentability of the claims in the Smith

application.

The Smart Affidavit was stapled to the response to the Smith application. A certificate of mailing appears only on items I and II. The only reference to the mailing by "Express Mail" service on each of items I and II appears as follows:

CERTIFICATE OF MAILING

I hereby certify that this paper is being deposited with the United States Postal Service "Express Mail Post Office To Addressee" service under 37 CFR 1.10 on the date indicated below and is addressed to the Commissioner of Patents and Trademarks, Washington, D. C. 20231.

February 10, 1992 s/ John Doe Agent fQF. the Applicant Registration No. 11,111

A. The envelope was addressed to the "Commissioner of Patents and Trademarks, Washington, DC 20231" and was received in the PTO mail room on February 16, 1992. Which of the following statements is true?

(A) All three items will be considered as being filed on February 10, 1992. (B) Item I will be considered as filed on February 16, 1992 while items II and ill will be

considered as filed on February 10, 1992. ·(c) Items I and III will be considered as filed on February 10, 1992 and item II will be considered

as filed on February 16, 1992. (D) Items I and II will be considered as filed on February 10, 1992 while item III will be

considered as filed on February 16, 1992. (E) All three items will be considered as filed on February 16, 1992.

28. Which of the following statements about a divisional application is true?

(A) A divisional application can always be filed at anytime after the parent application is filed. (B) All of the inventors named in the divisional application must be the same inventor.s named in

the parent application. (C) A design application may be filed as a division of a utility application provided the drawings

of the utility application show the same article as the design application and the drawings . comply with 35 U.S.C. 112.

(D) The specification of a divisional application must be identical to the parent application. (E) All of the above statements are true.

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29. Whenever a claim of a patent is held invalid:

(A) the claim must be disclaimed by the patent owner to avoid invalidity of the remaining claims in the patent. .

(B) the remaining claims are not automatically invalid provided there was no deceptive intent. (C) a portion of the claim can be disclaimed provided the remaining portion of the claim adequately

defines the invention. (D) any disclaimer of the claim shall be in writing, but need not be recorded in the PTO. (E) the entire patent shall be invalid even though there was no inequitable conduct involved.

30. In order to comply with 35 U.S.C. 112, which of the following, if any, may be referred to by reference to incorporate essential material into a patent specification?

(A) A foreign patent or application which itself does not incorporate essential material. (B) A pending U.S. application which itself incorporates essential material by reference. (C) An allowed U.S. application which itself does not incorporate essential material. (D) A non-patent publication which itself incorporates essential material. (E) None of the above.

31. Which of the following situations should not result in the abandonment of the patent application?

(A)

(B) (C)

(D)

(E)

The filing of a request to transfer all of the drawings from a pending parent application to a continuing application. Not responding to an Office action within the statutory period. Not responding to an Office action reje2fing of all of the claims in the application within six months after the date of the action. Not including in a response to an OffiCe action an amendment of all claims in the patent application into a form suggested by the examiner to render the claims allowable. Payment of the issue fee four months after the date of the Notice of Allowance where the fee

"' is accompanied by a request for a one month extension of time and the fee for a one month extension of time.

32. You represent a client whose application was finally rejected by the examiner under 35 U.S.C. 103. You appealed the final rejection to the Board of Patent Appeals and Interferences. The Board affirmed the examiner's rejection. On day you received the Board's decision, you informed your client of the decision. Your client is disappointed with the decision and informs you that the latest sales figures show that his invention is highly successful. In order to have these figures considered in resolving the legal conclusion of obviousness, without jeopardizing any of your client's rights, which of the following choices would be the most appropriate advice to your client?

(A) File a timely appeal with the U.S. District Court for the District of Columbia. (B) File a reissue .application. (C) File a timely appeal with the United States Court of Appeals for the Federal Circuit. (D) File a substitute application. (E) File a request for reexamination.

13

33. The assignment record relating to an abandoned non-reissue application is:

(A) open to public inspection at all times. (B) never open to public inspection. (C) open to public inspection if the abandoned application is referred to in an assignment covering

a number of patent applications, one of the applications having issued as a patent. (D) published one year after the application has become abandoned. (E) open to public inspection only upon written authority of the applicant.

34. Where a seat and parallel legs are separate elements which are intended to be included in a claim to the combination of the seat and legs, the combination is properly set forth in which of the following claims?

(A) A chair having a seat with means whereby parallel legs can be secured to the seat. (B) A chair having a seat capable of being connected to parallel legs. (C) A chair having a sear and means for securing parallel legs to the seat. (D) A chair having a seat and parallel legs secured to the seat. (E) A chair having a seat for receiving parallell~gs.

35. Neils filed a patent application on Apri117, 1991. In the first Office action, the ~xaminer rejected all of the claims in the application as obvious under 35 U.S.C. 103. Nells filed a timely response

.~

to the action arguing the rejection. The examiner made the rejection final in the next Office action which was mailed on Monday, June 8, 1992. The examiner set a three (3) month shortened statutory period for response. On Wednesday, September 9, 1992, the PTO received from Nells a petition for a one month extension of time and payment of the fee for a one month extension of time. On Friday, October 9, 1992, Nells mailed a response to the final action along with a Notice of Appeal and the appropriate appeal fee. The response included a proper certificate of mailing. Without requesting any further extensions of time, what is the last date on which the Appeal Brief must be filed to avoid abandonment of the application?

(A) Sunday, November 8, 1992 (B) Monday, November 9, 1992 (C) Tuesday, December 8, 1992 (D) Wednesday, December 9, 1992 (E) None of the above.

36. An amendment filed in response to. a final rejection of claims in a patent application is entered as a matter of right if it:

(A) consists of only cancelling some, but not all, of the rejected claims. (B) includes new claims. (C). includes a new claim while cancelling a previously pending claim so that the total number of

claims remains the same. (D) cancels some of the rejected claims and amends all of the remaining claims. (E) .reinstates a previously cancelled claim.

14

The answer to each of Questions 37 and 38 is based upon the facts set forth in the paragraph below. Answer each question independently of the other. ·

Smith discovered that a tungsten carbide insert for a metal cutting tool may be bonded (with a far superior bond strength over other known methods of attachment) to a steel tool holder. Smith filed a patent application on his invention which contained the following two claims:

1. A method of bonding a carbide insert to a steel tool holder comprising the steps of providing a layer of polystick at the interface of the holder and insert, heating the holder to a temperature of 250° F. and thereafter cooling the insert and holder at a rate of between 12 and 13° F. per hour until a temperature of 120° F. is reached.

2. A carbide insert bonded to a steel holder by the method of claim 1.

The examiner rejected claim 1 under 35 U.S.C. 103 as being unpatentable over a U.S. patent to Yin view of a British patent to Z. The examiner rejected claim 2 under 35 U.S.C. 102(b) as being antici­pated by the patent toY. The patent toY teaches that a tungsten carbide insert is bonded to a steel tool holder by utilizing a layer of polystick at the interface of the insert and holder, but makes no mention of any particular temperatures. The patent to Z teaches that in a grinding tool, diamond chips may be "securely fastened" to a ceramic holder by applying a layer of polystick at the interface of the diamonds and holder, heating the holder to a temperature of 300° F. and thereafter "slowly" cooling the holder.

37. Which of the following, if any, if submitted with the response to the Office action, would most likely overcome the examiner's rejection of claim 1?

(A) Evidence that a gear cutting machine wilich includes a carbide insert bonded to a steel tool holder by the method set forth in claim 1 is outselling all other such machines by a two-to-one margin.

(B) An affidavit by Smith that, in his opinion, the patent to Y is inoperative. (C) Evidence that heavy advertising resulted in increased· sales of Smith's invention. (D) An affidavit by Smith showing that th~ method of bonding a carbide insert to a steel tool

holder results in a bond which is 50 times greater than that of the invention disclosed in the patent toY.

(E) None of the above.

38. Which of the following, if any, if submitted with a response to the Office action, would be most persuasive and most likely overcome the examiner's rejection of claim 2?

(A) Evidence that a gear cutting machine which includes a carbide insert bonded to a steel tool holder as set forth in claim 1 is outselling all other such machines by a two-to-one margin.

(B) An affidavit by Smith that, in his opinion, the patent to Z is inoperative. (C) Evidence that heavy advertising resulted in increased sales of Smith's invention. (D) An affidavit by Smith showing that the bond strength of Smith's carbide insert to a steel tool

holder is 50 times greater than that of the invention disclosed in the patent to Y. (E) None of the above.

15

39. Adams and Blackstone invented a new gadget. They prepared a record of invention form which was then read, signed and dated by Cross to provide evidence of their date of conception of the invention. Drummond, their patent agent, prepared a draft of a patent application on the gadget. Adams and Blackstone reviewed the draft and agreed on some revisions which should be made. They telephoned Drummond about the revisions and arranged to meet with Drummond the next day. Drummond promptly revised the application to incorporate the revisions. Adams died in his sleep overnight. The next day, Blackstone executed the revised application. Adams had a valid Will. His wife was appointed as executrix to administer Adams' estate. She is available and willing to serve as executrix and to assist with the patent application. Who is authorized to execute the application for Adams so that the application can be filed?

(A) Blackstone (B) Drummond (C) Adams' widow (D) Cross (E) Because Adams died with a valid Will, there is no need to have the application executed by

anyone on behalf of Adams.

40. A client comes to you, a registered practitioner, and tells you that he has been informed by his competitor that he is infringing the competitor's ~patent. Your client tells you that the competitor's invention was well known in the field at the time the application for a patent was filed. ·Your client shows you several published articles, two Un!,t~d States patents, and two written statements by experts in the field which clearly support his conclusion. Upon further investigation, you find that published articles and patents were not considered by the examiner during the prosecution of the patent. Which of the following choices would be an appropriate course of action to take on behalf of your client?

(A) File a protest in the PTO with copies of the published articles, patents and the written statements from the experts, along with an explanation of their pertinency to the claims of the patent application.

(B) Petition the Commissioner of Patents and Trademarks to revoke the patent. (C) File in the PTO copies of all of the documents provided to you by your client and request that

they be made of record in the patented file. (D) File a request and fee for reexamination of the claims in the patent relying on the published

articles and the U.S. patents as the basis for reexamination and include a reexamination fee. (E) File a request and filing fee for a reissue application and file copies of the published articles,

patents and the written statements along with a statement that the applicant for reissue believes the original patent to be wholly inoperative and invalid by reason of the cited prior art.

16

41. A patent application is accorded a filing date when:

(A) the filing fee is paid. (B) the specification including at least one claim and any drawings necessary for the understanding

of the invention are filed in the PTO in the name of the actual inventor or inventors. (C) the filing fee is paid and a proper oath or declaration is received in the PTO. (D) the abstract of the invention and a proper oath or declaration are received in the PTO. (E) a full set of claims without a written description of the invention and any drawings which

comply with 37 CFR 1.75 and 1.81 et. seq., respectively, and the filing fee are received in the PTO.

42. A revocation of the power of attorney of the principal attorney in a pending application:

(A) can be made only after the first Office action. (B) can be made only by the named inventor even though the entire interest in the application has

been assigned by the inventor. (C) is effective only against the principal attorney, and not against other attorneys to whom the

principal attorney has granted associate powers of attorney. (D) is effective when the revocation by the patent applicant or the assignee of the entire interest is

received in the PTO. (E) is effective when an assignment of the entire interest in the patent is filed in the PTO.

43. You are a registered practitioner. You are preparing a patent application. You have already drafted four claims. Claim 1 is an independent claim directed to a product. Claim 2 depends from claim 1 and further defines the product. Claim 3 is-~irected to a process for making the product. Claim 4 is directed to a process for using the product. Which of the following would be an acceptable format for claim 5?

(A) A product according to either claim 1 or 2, further comprising ... (B) A product according to claim 3, furthel\.comprising :·· .. (C) A process according to claim 4, wherein the product further comprises ... (D) A product according to claim 1, used in the process of claim 4 ... (E) A product according to claims 1 and 2, further comprising ...

44. Public access to pending U.S. patent applications:

(A) can ordinarily be granted to review the application file to avoid infringing pending claims in the application.

(B) can ordinarily be granted to submit pertinent prior art to aid the patent examiner in the examination of the application.

(C) can ordinarily be granted to determine whether an interference is warranted. (D) cannot ordinarily be granted because the oath or declaration signed by the applicant prohibits

public access. (E) cannot ordinarily be granted because pending patent application files are ordinarily kept in

confidence by the PTO.

17

45. Which one of the f~llowing is required for two persons to be joint inventors in an application for patent?

(A) The two persons must have worked on the invention in the same location. (B) The two persons must have worked on the invention at the same time. (C) Each of the two persons must have made a contribution to at least one claim in the patent

application. (D) Each of the two persons must have made a contribution to every claim in the patent application. (E) Each of the two persons must have made a substantially equal contribution to the conception

of the invention.

46. All of the following portions of an application can be used for interpreting the scope of the claims except the:

(A) description of the preferred embodiment. (B) abstract of the disclosure. (C) background of the invention. (D) drawings. .,, (E) detailed description of the invention.

47. You are a registered practitioner who is prosecuting an application in which all of the claims have been finally rejected by the examiner as beiftg unpatentable over a combination of prior art references under 35 U.S.C. 103. Two months after receipt of the final rejection, you file a Notice of Appeal. One month after you file your appeal, you file an amendment in which you amend several of the rejected claims, arguing that the claims as amended more clearly define the invention over the applied prior art and should now be in condition for allowance. The examiner refuses to enter the amendment on the ground that it raises new issues. Which of the following choices is the most appropriate course of action to take in response to the examiner's action?

(A) Petition the Commissioner to order the examiner to enter the amendment, and request that the proceeding before the Board of Appeals and Interferences be stayed until the petition is decided.

(B) Petition the Commissioner to order the examiner to enter the amendment, and prepare and file a timely Appeal Brief before the Board of Patent Appeals and Interferences arguing the patentability of the claims as amended over the prior art relied upon.

(C) Petition the Commissioner to order the examiner to enter the amendment, and prepare and file a timely Appeal Brief before the Board of Patent Appeals and Interferences arguing the patentability of the claims as finally rejected over the prior art relied upon.

(D) File a timely Appeal Brief before the Board of Patent Appeals and Interferences requesting that the Board enter the amendment and arguing the patentability of the claims as amended after the final rejection over the prior art relied upon.

(E) File a timely Appeal Brief before the Board of Patent Appeals and Interferences requesting the Board to remand the application to the examiner to enter the amendment and arguing the ·patentability of the claims as amended after the final rejection over the prior art relied upon.

18

48. Jones invented a widget. He disclosed to his patent agent that the widget can be any combination of· colors, the most preferred embodiment being a widget having a red,. green, yellow or purple color. The agent prepared a patent application which disclosed a widget having a red, green or purple color ~d which included the following claim: "1. A widget having a red, green or purple color." On January 13, 1992, Jones reviewed the application and signed the oath. Just after Jones left the agent's office, the agent remembered that Jones had also disclosed to him a yellow widget. The attorney immediately prepared a preliminary amendment which included instructions to amend the specification to also include a yellow widget and to rewrite claim 1 as follows: "A widget having a red, green.1 yellow or purple color." Both the specification, oath, and the amendment were mailed to the PTO in the same envelope and were both received in the PTO on Friday, January 17, 1992. Given these facts, which one of the following statements is true?

(A) Claim 1 cannot be properly rejected under 35 U.S.C. 102(a) as being anticipated by a patent to Smith which was filed on March 2, 1990 and issued on August 13, 1991 and which discloses, but does not claim, a widget having a green color.

(B) Claim 1 can be properly rejected on the ground of disclaimer. (C) Claim 1 can be properly rejected under 35 U.S.C. 112, second paragraph, because the use of

the word "or" renders the metes and bounds of the claim indeterminate. (D) Claim 1 can be considered to contain new matter even though the preliminary amendment was

filed concurrently with the filing of the specification. (E) None of the above statements is true.

49. Your client's application has been allowed and in an attachment to the Notice of Allowance, you have been notified that formal drawings are now required and must be submitted within the three month statutory period set for payment of th~ base issue fee. You may properly:

(A)

(B)

(C)

(D)

(E)

pay the issue fee within the three month statutory period and file the drawings at any time within the three months following the ~statutory period provided a request for an extension of time and proper fee are submitted with the drawings. obtain an extension of time of up to three additional months after the statutory period to pay the issue fee and submit the drawings at the time the issue fee is paid. obtain an extension of time of up to six months from the date of the Notice of Allowance and pay the issue fee and submit the drawings at any time within the six month period. pay the issue fee within the three month statutory period and submit the drawings at any time within the three months following the statutory period. pay the issue fee within the three month statutory period and submit the drawings at any time after the statutory period.

50. Which of the following is not appropriate subject matter for a petition?

(A) Premature final rejection. (B) Holding of abandonment. (C) The form and sufficiency of an affidavit. (D) The form and sufficiency of a claim. (E) Denial of a request for reexamination.

19

Test Number 014A

Test Series 292 NAME ____________________ __

U.S. DEPARTMENT OF COMMERCE UNITED STATES PATENT AND TRADEMARK OFFICE

REGISTRATION EXAMINATION FOR PATENT ATTORNEYS AND AGENTS

October 14, 1992

Afternoon Section (100 Points) Time: 3 Hours

DIRECITONS

This section of the examination is an open book examination. You may use books, notes, or other written ma~als that you believe will be of help to you except you may not use prior registration examination questions and/or answers. Books, notes or other written materials containing prior registration examination questions and/or answers cannot be brought into or used in the room where this examination is being administered. If you have such materials, you must give them to the proctor before this examination begins.

This Section of the examination consists of THREE (3) PARTS. Part I is directed to draf~g a single claim. You must write your answer to Part I in the Answer Book provided by the proctor. Parts II and III are directed to claim construction. Each part has ten (10) multiple choice questions. The point value of each multiple choice question is three (3) points.

All questions in Parts II and m must be answered in SECI'ION 1 and SECI'ION 2, respectively, of the Answer Sheet which LC)

provided to you by the proctor. You must use a No.2 (or softer) lead pencil to record your answers on the Answer Sheet Darken completely the circle corresponding to your answer. You must keep your mark witl)in the circle. Erase completely all marks except your answer. Stray marks may be counted as answers. _No points will be awarded for incorrect answers or unanswered questions. Questions answered by darkening more than one circle will be considered as being incorrectly answered.

Your answers must conform to the policy, practice and procedure which must, shall or should be followed in accordance with the patent statutes, PTO rules, and the Manual of Patent Examining Procedure (MPEP). Do not assume any additional facts not given in the questions. Where reference is made in this test booklet to "PTO" or "Office", it will mean the U.S. Patent and Trademark Office.

You may write anywhere on this examination booklet. However, do not remove any pages from the booklet. Only answers recorded in your Answer Book and on your Answer Sheet will be graded~ YOU MUST OBTAIN A SCORE OF AT LEAST 70 POINTS TO PASS TillS SECTION OF THE REGISTRATION EXAMINATION.

DO NOT TURN THIS PAGE UNTIL YOU ARE INSTRUCTED TO CHECK THE CONTENTS OF THIS EXAMINATION BOOKLET

OR TO BEGIN THE EXAMINATION

1

PART I (40 Poillts) . ''')'1i:iJ{'tftiR~7 DIRECTIONS: This question is directed to drafting a single independent·cl~rit·'tti~l't~~irk~piJ~.- · The invention and the prior art are described below. Draft the broade8t::~.1!41{:i(>.::i!:!~p~rJil~-(ii·Jrfor · an internal combustion engine which defines the novelty of the inventiori::as_~~etirirtlt':.irllhe 'objeet of the invention and which distinguishes the invention over the teachiggs~Qt.ih~~~.cl.6$ea:-prio_r.art. Your claim must be drawn to a spark plug which is operative in the lriannei:~-d:~c~~H)~(flieiow. You may not be your own lexicographer to name the elements or compon~p~]~f:.tii~~Jij~-~~~~d invention or to rename of elements or components of the spark plug. You ih~~~i:tll~'-~teriitinology used for the elements or components as disclosed below~ Any claim not draw~ffi~(~{spa~kplug will receive no credit. If multiple claims are pre~ented, only the first claim ~iU .b~.fgfaikd. · Points will be deducted for claiming subject matter not within the scope of the inventi5n".~Ciosed below and as shown in FIG. 1, for using language which is indefinite or.wili~h}d~-'~ti'Ga~e~;anteeedent basis, for failing to interrelate the claimed elements or compori~~~-{-)~ · y~u~ :_c,~m, for claiming unnecessary limitations, for presenting a claim which is inopenitiye.'or anticip~ted by the prior art, and for using poor grammar. ,_,;o,~,.'1 .. ~· ·'- -" -"· ·.-.. · ·

. . .. :~ ~; :%)-/~) ·i

TIIE PROBLEM. >;[,fYilil~]f; ' . Spark plugs, particularly those in high-speed, high-compre$,.#:():ll.j~&iJ!~;:i~---~~bj~t to an extreme

range of pressure and temperature conditions. Temperatures at the;:fiiillg:e#O:;-:.of.t:h~ spark plug range from 200° C. at low engine speeds to as high as 850° C. ai high:·.'_efl.W,¥:§~~~~]~low_about 350° C., deposits from combustion begin to form on the firing. end of'ffi~}cspaf~ftit{.)iftiot- removed, these deposits will build up until electrical current shorts through- the .:<fup~~-~fS)~ii~!ffi@Jpt}~~g across the electrodes. At high engine speeds, the temperature at the firing end :-ri.s~s··::@Qy~~::qo<t c~ which causes the deposits to melt and form a glaze coating on the firing end of th~- ·P~~g. _ W;~~~~~~~Ws glaze coating is highly electrically conductive. This causes the plug to short out and :.~-l't?~plting in fuel and power losses. Also, the high temperature of the frring end of the plug ~:Ca.U~J>reLfgmtion·of the fuel­air mixture in the cylinder which, if continued, can lead to the destructionof'th~j)~1ig·:~d'·serlous engine damage. If the temperature of the firing end, however,~ be mainta.lnoo ID'the 6pfiiD.iinl temperature range, from about 400° C. to about 550° C., the deposits are burned away a8 quickly.~ i4ey are formed, and the firing end of the plug is prevented from overheating. · .. · ·-·:: .-!·-:-.: .:, .

OBJECf OF THE INVENTION

This invention relates to a spark plug for an internal combustion engine. The object ·Of the invention is to provide a spark plug having a center electrode, ground electrode and spark gap wherein the plug incorporates a gastight chamber containing a heat transfer medium to keep the temperature of the flring end of the spark plug between 400° C. and 550° C. to prevent the formation ·of deposits from combustion on the firing end of the plug and to prevent the firing end of the plug from overheating and causing misfiring and pre-ignition.

2

DETAll..ED DESCRIPTION OF 1HE INVENTION

Referring to FIG. 1, there is shown a spark plug 10 of the invention comprising an elongated insulator 12 which is positioned within an electrically conductive shell16 which is made of steel. The insulator 12 is formed from alumina or other suitable ceramic material. The insulator includes an annular shoulder 22. A seal 28 is used between the insulator and_ the shell. A sealing gasket 30 which is made of copper is provided between surface 26 and the annular ledge 32 of the shell. With this well known arrangement, when the upper rim 34 of the shell is spun down on seal 28, the insulator 12 is locked in a gastight relationship in the shell 16.

The insulator 12 has a longitudinal axis and a tapered long nose portion 40 having a firing end 20. The shell 16 is disposed about the insulator 12 coextensively with the nose portion 40 and spaced radially from the outer surface 64 of nose portion 40. A center elec­trode 44 is secured within bore 42. A seal 46 in the bore 42 provides a gastight seal for the center electrode 44. The center electrode 44 is connected to a terminal end 18 and extends from the firing end 20 of the nose portion 40 to form a firing tip 54 which is suitably spaced in an operative relationship from a ground electrode 58, such that a spark gap 60 is formed there­between. The ground electrode 58 is welded to the shell16. The shell16 has an annular exter­nal shoulder 62 with an external threaded por­tion 15 formed to engage in a well-known manner with the cylinder head 68 of engine 70.

The spark plug as described to this point is a conventional · spark plug. The invention resides in the establishment of an annular gas­tight chamber 76 defined by the outer surface 64 of the nose portion 40 of insulator 12, an inner wall surface 66 of the shell 16, a hermetically sealed electrically insulating end wall 84, and sealing gasket 30. The end wall 84 is made of an electrically insulating material, such as alumi­na. The end wall is bonded to the nose portion 40 and to the shell 16 by a ceramic adhesive

7 which is rated for temperatures up to 900° C. A heat transfer medium 88, such as lithium or sodium, is placed in the gastight chamber 76 by means of a fill tube 90 which is fixed in an aperture passing through the wall of the shell 16 of the spark plug. Mter the heat transfer medi-um has been positioned in the gastight chamber 76, the end 94 of the fill tube 90 is sealed.

3

_..riO

FIG. 1

The heat transfer medium 88 absorbs the heat created at the firing end 20 of the nose portion 40 of the spark plug and dissipates the heat directly to the engine's cooling system 74 through the inner wall surface 66 of the shell 16 by means of the evaporation and condensation cycle of the heat transfer medium in the chamber. When the spark plug is installed in an engine and the engine is started and running, there is a rapid rise in the temperature of the firing end 20 of the plug. The heat produced travels up the long nose portion 40 of the insulator 12 and passes by means of the copper sealing gasket 30 into shell16 and then into the cooling system 74 in cylinder head 68 of the engine 70. Because of the long heat path and because of the poor thermal conductivity of the insulator 12, the nose portion of the insulator heats up rapidly to a temperature high enough to prevent deposits from combustion from forming on the nose portion of the insulator. As the temperature of the ftring end of the plug continues to rise, the heat transfer me<Uum 88 in the gastight chamber 76 of the spark plug fust melts and then vaporizes. Because the large amount of heat required to change the heat transfer medium from a liquid to a vapor, a large amount of heat will be absorbed by the heat transfer medium. The vapor of the heat transfer medium will condense on the cooler inner wall surface 66 of the shell 16 next to the cooling system 74. The heat dissipated during condensation will be absorbed by the cooling system 74 of cylinder head 68. The condensed vapor runs back down the inner wall surface 66 of the shell16 to end wall 84 of the gastight chamber 76. This cyclic evaporation and condensation of the heat transfer medium keeps the temperature of the firing end of the spark plug between 400° C. and 550° C. to prevent the formation of deposits from combustion on the firing end of the plug and to prevent the firing end of the plug from overheating and causing misfiring and pre-ignition.

DESCRIPTION OF THE PRIOR ART

FIG. 2 shows a prior art spark plug having a two piece metal shell 1 and 3, an elongated insulator 5, a ground electrode 2, and a hollow central electrode 7 which is partially ftlled with mercury 8, a material possessing high heat conductivity. The merc·ury absorbs heat from the firing tip 6 and carries it to the cooler parts of the spark plug, by convection as well as by conductance, where the heat is dissipated. A void 4 above the mercury level is necessary to compensate for the thermal expansion of the mercury. The seal 9 provides a gas tight seal for the hollow portion of the electrode to prevent the escape of mercury vapors.

4

FIG. 2

FIGS. 3a and 3b illustrate a prior art spark plug 110 which includes an elongated insulator 111 positioned in a gastight relationship with an electrically conductive steel shell112 by means of seal115 and a copper sealing gasket 116. The insulator 111 has a tapered nose portion 119 having a firing end 120 and is provided with a centerbore within which a center electrode assembly is secured. The center electrode protrudes from the firing end 120 of the nose portion 119 and constitutes a firing tip 129 which forms a spark gap with a ground electrode 121. The ground electrode is welded to the shell112. The drawing shows a means for dissipating heat from the firing end 120 of the nose portion 119 of the plug , by using an expandable annular heat shunt 131. FIG. 3a illustrates the left half of the spark plug showing a heat path 145 when the heat shunt is in a contracted position while FIG. 3b is the right half of the spark plug showing a heat path 146 when the shunt is in the expanded position.

Heat shunt 131 is made of steel and is bonded on the nose portion of the insulator. A steel insert 122 is bonded to the shell 112. A ceramic adhesive rated for 900° C. is used as a bonding agent for both the heat shunt and the insert. Heat shunt 131 has a tapered outer peripheral face which matches the taper in the upper inside surface of the insert 122.

When the firing end of the plug is at temperatures below 400° C., a gap 124 will prevent heat transfer through the heat shunt 131. Thus, the heat will dissipate as shown by direc­tional arrows 145 in FIG. 3a, i.e. heat will have to travel up the long insulator nose 119 and pass by means of copper sealing gasket .116 into shell 112 and thence into the cooling system in cylin­der head 125 of the engine. Because of this relatively long heat path and because of the poor thermal conductivity of the insulator material, heat is conducted away from the firing end of the plug slowly such that the insulator nose heats up rapidly to a temperature above 400° C. to resist the formation of deposits from combus-tion.

When the temperature of the firing end of the plug rises to about 550° C., the heat shunt expands to close the gap and to bring the heat shunt into thermal contact with the shell 112. The heat path becomes that which is shown by the directional arrows 146 in FIG. 3b., i.e. the heat will pass from the firing end of the plug directly through the heat shunt 131 into the shell and then into the cooling system in cylinder head 125 of the engine. The heat shunt transfers heat rapidly into the engine's cooling system to keep the frring tip temperature about 550° C. to prevent pre-ignition and plug misfiring.

5

3a

SHUNT CONTRACTED

12.~

FIG. 3a

3b

SHUNT EXPANDED

\2.0

FIG. 3b

PART II (30 Points)

DIRECTIONS: Each of the ten (10) questions below gives a brief statement of an invention, a graphical illustration· of the invention (if necessary to understand the invention), a statement of known prior art, and either an incomplete claim followed by five expressions to select from to complete the claim or five claims to select from to describe the invention. Select one of the five claims or one of the five expressions to complete the claim to provide a claim which best describes the invention set forth in the statement of the invention, which is not anticipated by the prior art, and which complies with all paragraphs of 35 U.S.C. 112 and with PTO rules. Each numbered question below corresponds to the numbered question in SECTION 1 of your Answer Sheet. For each question, mark the letter for · the expression or claim which you select next to the corresponding question number in SECTION 1 on your Answer Sheet. Each question is worth three (3) points. There is only one correct answer for each question.

1. INVENTION: A shallow ohmic contact on an n­type gallium arsenide (GaAs) substrate formed using layers of palladium (Pd), gold-germanium (Au-Ge), silver (Ag) and gold (Au). Each of the layers is formed by a conventional vapor deposi­tion technique, i.e. the coating material is vapor­ized and the vapor condenses and solidifies on the surface to be coated. The vapor deposition tech­nique does not add any unique physical or chemi­cal properties to the ohmic contact formed.

PRIOR ART: Known to deposit gold on a n-type GaAs substrate to form an ohmic contact.

An ohmic contact comprising ____ _

n-GoAs

(A) at least one layer of palladium, gold-germanium, silver or gold on a substrate consisting of a n-type gallium arsenide.

(B) forming a layer of palladium on the surface of n-type gallium arsenide, forming a layer of gold-germanium on the palladium layer, forming a layer of silver on the gold-germanium layer, and forming a layer of gold formed on the silver layer.

(C) the steps of vapor depositing a layer of palladium on the surface of n-type gallium arsenide, vapor depositing a layer of gold-germanium on said palladium layer, vapor depositing a layer of silver on said gold-germanium layer, and vapor depositing a layer of gold on said silver layer.

(D) a layer of a metal selected from the group comprising gold, silver, palladium or gold­germanium on a n-type gallium arsenide substrate.

(E) a layer of palladium on a n-type gallium arsenide substrate, a layer of gold-germanium on the palladium layer, a layer of silver on the gold-germanium layer, and a layer of gold on the silver layer.

6

2. INVENTION: An aesthetic design for a gannent hanger which includes a hook and an elongated body. Angular slits are cut into the ends of the body which is made of plastic.

PRIOR ART: Wooden or plastic coat hangers are well known. Such hangers are known to have a central movable hook attached to a unitary wooden or plastic body.

lSi??: C> \ C> • o\ o :-f'§;J)

(A) A garment hanger comprising an elongated plastic body having a center portion and opposite ends, a hook connected to the center portion of said body, and angular slits in the opposite ends of said body.

(B) A garment hanger as shown and described in the drawing. (C) A hanger consisting of an elongated body having a center portion and end portions, and

angular slits in said end portions. (D) The ornamental design for a garment hanger as shown and described in the drawing. (E) A garment hanger consisting of an elongated body having a center portion and end portions,

and a hook attached to the center portion of said body.

3. INVENTION: A method of removing contami­nants from a plated article by exposing the article to a clean flame 12, 13, and 14 produced from a gaseous mixture 10 of pure hydrogen and pure oxygen through tube 11. The gaseous reactants originate from commercially available cylinders of pure liquid hydrogen and pure liquid oxygen.

PRIOR ART: Space shuttle engine uses liquid hydrogen and liquid oxygen as propellant reac­tants. When hydrogen and oxygen are combined in a gaseous state and ignited, a flame is produced which passes through the nozzle of the engine. The nozzle is made of carbon fibers.

A method of removing contaminants from an article ____ _

t 10

(A) in which water is decomposed into pure hydrogen and pure oxygen and then burned in the presence of oxygen to vaporize contaminants from the plated article.

(B) whereby pure hydrogen is mixed with pure oxygen and then burned to vaporize the article. (C) which comprises providing a plated article; producing a clean flame by burning pure hydrogen

in the presence of pure oxygen; exposing the plated article to the clean flame to vaporize contaminants from the plated article.

(D) which comprises pure hydrogen and pure oxygen which when combined produce a clean flame and vaporizing contaminants from said plated article.

(E) comprising the steps of decomposing water into pure hydrogen and pure oxygen, producing a clean flame, and providing the plated article.

7

4. INVENTION: A weighted fishing lure. The lure is a metal hook 26 with a weighted end 30 and a barbed end 28. The weighted end is formed by coating the end with a metal alloy by dipping the end into a molten bath consisting of 90% tin and 10% antimony.

PRIOR ART: Known to coat metal fishing hooks with tin by immersing the entire hook in a bath of molten tin.

(A) A fishing lure comprising a metallic hook connected to the weighted end portion. (B) A fishing lure comprising a metallic hook having a barbed end portion and a weighted end

portion of a metal alloy opposite the barbed end, said alloy having melting point substantially higher than the melting point of the metallic hook.

(C) A fishing lure comprising a barbed end and an end opposite said barbed end coated with a metal.

(D) A fishing lure comprising a weighted end portion contiguous with said hook portion having a barbed end portion opposite said weighted end portion, wherein the weighted end portion is coated with an alloy consisting of 90% tin and 10% antimony.

(E) A fishing lure comprising a metallic hook having a barbed end portion and a weighted end portion opposite said barbed end portion, wherein said weighted end is coated with a metal alloy comprising 90% tin ~d 10% antimony.

5. INVENTION: An oxide type solid lubricant consisting of Cr20 3 and N ~Zr03• The friction coefficient of the lubricant must be less than 0.6. The expression "Cr20 3 Content Ratio (% by wt)" in the graph means the content in weight percent of Cr20 3 in the solid lubricant.

PRIOR ART: Known in the art to use oxide lubricants consisting of Cr20 3 and N~Zr03 where­in the friction coefficient is more than 0.6.

~ Q8 UJ 0 lE 06..,_...., UJ

8 a o.' ~ u if 0.2

0 20 40 60 eo 100

CnO:. CONTENT RATIO (.,.by wt)

An oxide type solid lubricant consisting of Cr20 3 and N~Zr03 wherein the Cr20 3 content of the lubricant is ____ _

(A) less than 60% by weight. (B) at least 20% by weight. (C) in the range of from 20% to about 60% by weight. (D) more than 20% by weight. (E) more than 10% by weight, but less than 80% by weight.

8

6. INVENTION: A superconductor 11 enclosed in a metal pipe 12. The metal pipe is made of silver, gold, platinum or iridium.

PRIOR ART: Known to coat a superconductor with a layer of platinum.

A composite comprising an outer metal portion and an inner superconductor portion, wherein said outer metal portion ____ _

(A) is a metal selected from the group consisting of silver, gold and iridium. (B) is a metal selected from the group comprising silver, gold or iridium. (C) is a metal selected from the group comprising silver, gold, platinum and iridium. (D) is a metal selected from the group consisting of silver, gold, platinum or iridium. (E) is silver, gold and iridium.

7. INVENTION: A first digital signal from measuring device 1 and a second digital signal from measuring device 2 are processed through a color controller. The color controller assigns a color to each signal corresponding to the mea­sured value of each signal. Signal 1 and Signal 2 are generated by the color controller and transmitted to a color display where the measured values of the signals are simultaneously displayed. The color displayed for each measured value is determined by the color controller.

PRIOR ART: Known to connect measuring devices 1 and 2 directly to a color display and to display first digital signal from measuring device 1 and a second digital signal from measuring device 2 simultaneously in the same color on the color display regardless of the measured value of each signal.

MEASURING DEVICE 1

MEASURING DEVICE2

COLOR CONTROLLER

Signal1 Signal2

COLOR DISPLAY

An apparatus for simultaneously displaying measured values in color, the apparatus comprising

(A) means for measuring the values of said first and second signals and means for displaying said measured values in color.

(B) measuring a first quantity and generating a first signal, measuring a second quantity and generating a second signal, processing said frrst and second signals to assign a color to each of said signals corresponding to the measured value of each signal, and displaying the measured value of each signal on a color display.

(C) means for generating first and s~ond signals and means for displaying the measured values of said frrst and second signals.

(D) means for generating a frrst signal from a frrst measuring device, means for generating a second signal from a second measuring device, a means for assigning a frrst color for the measured value of said frrst signal and a second color for the measured value of said second signal, and a means for displaying the measured values of said frrst and second signals.

(E) a frrst measuring device and a second measuring device connected to a color display. ,

9

8. INVENTION: Polishing stone surfaces using a composition comprising a mixture of an abrasive grit material and a gel-like carrier cons~sting of a mixture of polyvinyl alcohol and water. The components of the composition must be mixed just prior to use.

PRIOR ART: Known to coat and seal wood surfaces with a composition comprising a mixture of an abrasive grit material and a gel-like carrier consisting of polyvinyl alcohol and water. The composition does not have to be mixed immediately before use to be an effective sealant

(A) A method of using a composition to polish stone surfaces comprising the steps of mixing an abrasive grit material with polyvinyl alcohol and water to form a stone polishing composition, and immediately applying the composition to the stone surface to be polished .

. (B) A method of polishing a substrate surface comprising the step of applying a composition comprising an abrasive grit material and a gel-like carrier agent to the surface.

(C) A polishing composition comprising a polishing constituent including an abrasive grit material, and a gel-like carrier agent consisting of a mixture of polyvinyl alcohol and water.

(D) A method of making a composition comprising the step of mixing an abrasive grit material with a gel-like carrier agent

(E) A polishing composition consisting of an abrasive grit material and a gel-like carrier agent.

9. INVENTION: Plant growing pot 10 to promote the growth of plant roots. The roots grow out of the pot through at least one hole 11 in the side of the pot.

PRIOR ART: A common red clay flower pot with a hole in the bottom of the pot and a plant positioned in the pot in a slurry of water, soil and fertilizer. Plant roots have been known to exit from the hole in the bottom of the pot.

A plant growing receptacle having a plant positioned therein for further growth, , and a slurry of water, soil and fertilizer in said bottom of said receptacle intermediate said side wall opening and said bottom of said receptacle to promote further growth of the plant therein, whereby during the growth of the plant the roots of the plant extend outwardly from the receptacle through the root exit opening.

(A) said receptacle comprising a side wall extending from a bottom wall, at least one opening in said wall, said opening forriring a root exit opening of said receptacle

(B) said receptacle having a bottom, a side wall, and an open top, said side wall extending upwardly from the bottom to the open top, at least one opening formed in said side wall, said opening forming a root exit opening

(C) said receptacle comprising an open top and a side wall, at least one opening in said side wall, ~·

said opening forming a root exit opening of said receptacle (D) said receptacle consisting of an _open top extending downwardly along said sides of said ~:

receptacle, an opening formed in said side wall, said opening fanning a root exit opening (E) said receptacle consisting of an open top and a side wall extending downwardly, at least one

opening formed in a bottom wall which extends from said side wall, said opening fanning a root exit opening

10

10. INVENTION: A surgical snare for marking polyps. One end of a wire is attached to a housing 11 at 10 while the other end of ·the wire passes through the housing 11, thereby forming a wire loop 12. The end of the wire passing through the housing 11-exits at the lower end of the housing (not shown). A crushable marking agent 14 is secured to the wire loop 12. The loop is extended (i.e. increased in size) and placed over the polyp. The loop is then retracted (i.e. reduced in size) by gently pulling on the end of the wire which exits from the lower end of the housing. The loop is retracted only to the extent neces­sary to crush the marking agent against the polyp to mark the polyp, and not damage the polyp tissue.

PRIOR ART: Known to retrieve objects from a body of water using a retractable wire loop. The loop is formed by attaching one end of a wire at one end of a hollow handle and passing the other end of the wire through the handle. The wire exits at the end of the handle opposite to the end where the loop is formed. The loop is extend­ed and placed around the object to be retrieved from the water. The loop is retracted by pulling on the wire exiting the hollow handle to secure the object within the loop. By pulling on the handle, the object is then removed from the water.

A surgical polyp marking snare comprising ____ _

12

(A) a wire loop extending from a housing, a tissue marking agent disposed on said wire loop, and the means to move said wire loop between the extended and retracted positions to thereby crush the polyp with the marking agent

(B) a housing and a wire loop, a crushable tissue marking agent disposed on said wire loop, the wire loop being positioned around the polyp and retracted to crush the marking agent against the polyp, and means to move the wire loop between the extended and retracted positions.

(C) a wire loop extending from a housing, the wire loop being movable between an extended position and a retracted position, and a means for moving said loop between the extended and retracted positions.

(D) a wire loop extending from a housing, a crushable tissue marking agent disposed on the wire loop, the wire loop being movable between an extended position in which the loop is placed over a polyp, and a retracted position in which the size of the wire loop is reduced to thereby crush the polyp against the marking agent.

(E) a housing, a wire loop extending from said housing, a crushable tissue marking agent disposed on the wire loop, the wire loop being movable between an extended position in which the loop is place over a polyp, and a retracted position in which the size of the wire loop is reduced to thereby crush the marking agent against the polyp, and means to move the wire loop between the extended and retracted positions.

11

PART ill (30 Points)

DIRECTIONS: Read the following specification of a patent application which is pending in the PTO. The ten (10) claims which follow the specification have been amended in accordance with 37 CFR 1.12l(b) in response to a first Office action rejecting the claims. You have been asked to review the amended claims for compliance with all paragraphs of 35 U.S.C. 112. For your convenience, the drawing figures have been incorporated into the text of the description of the invention. Some of the amendments in each claim are identified by the letters A, B, C and D. The expression "NO ERROR" which follows each claim and which is identified by letter E is not part of the amendment. If you decide that an identified amendment A, B, C, or D would not comply with 35 U.S.C. 112, mark the letter in SECTION 2 on your Answer Sheet opposite the number corresponding to the claim number. The claim number of each claim corresponds to the question number in SECTION 2 on your Answer Sheet. If you decide that all of the identified amendments comply with 35 U.S.C. 112, mark letter (E), i.e. "NO ERROR", opposite the number corresponding to the claim. For example, if your answer in claim 1 is letter A, mark (A) opposite question number 1 in SECTION 2 on your Answer Sheet. Each question is worth three (3) points. There is only one correct answer for each question.

This invention relates to a separable fastener of the kind comprising two resilient carriers, each carrier supporting a plurality of rows of coupling pins with spherical, substantially non-deformable, heads. The fastener is closed by engaging the heads of the coupling pins of one carrier behind the oppositely located and offset heads of the coupling pins supported on the other carrier strip.

BACKGROUND OF THE INVENTION

Fasteners of this invention are sometimes referred to as snap fasteners and can be used for closing belts or the like. With snap fasteners, there is the danger that the fastener may open in response to unintended stresses.

It is an object of the present invention to avoid this drawback and to provide a fastener which can only be opened in a predetermined direction.

Another object of the invention is to frrmly connect adjacent reinforcements together by at least one bridge piece. This provides the fastener with an end closure which is very resistant to opening.

A further object of the invention is to provide a simple and easy means for opening and closing the fastener using a S shaped member connected to a handgnp.

DETAILED DESCRIPTION OF THE INVENTION

FIG. 1 is a side elevation view of the frrst embodiment of the separable fastener. The fastener in accordance with FIG. 1 has two separate and resilient carrier strips lOa and lOb, each of which are made of a non-stretchable material, such as leather or a synthetic rubber with a fabric inlay. Coupling pins 12a and 12b are incorporated in strips lOa and lOb. The pins on each of the carrier strips are arranged in rows transverse to the longitudinal orientation (direction A in FIG. 1) of the carrier strips. Each coupling pin has a spherical pin head 12aa or 12bb at one end. The pin head must be spherical and substantially non-deformable. The other end of the pin penetrates through an appropriately sized opening in the carrier strip lOa or lOb. The coupling pin including the pin head is made of metal. Each pin also includes a spacer sleeve 14a or 14b located between the carrier strip and the pin head. A row of pins are connected to a non-elastic reinforcement member 16a or 16b on the opposite side of the carrier strip away from the pin head. The reinforcement members are transverse to the longitudinal

12

orientation (direction A in FIG. 1) of the carrier strips lOa and lOb. The spacer sleeves and the reinforcement members are made of a non-elastic material, such as metal. ·The coupling pins 12a and 12b pass through appropriate openings in the spacer sleeves 14a and 14b and reinforcement members 16a and 16b and are rigidly connected to the reinforcement members, for example by flattening the end of the pin opposite the spherical pin head. As shown in FIG. 2, which is a top plan view of FIG. 1 with the right portion of the carrier strip lOa cut away, the rows of coupling pins on one carrier strip are offset through half the pin spacing in relation to the rows of the other carrier strip.

A

!Ill IIIJ lOA

//qq

!l/JI

'~" f?gl

fig./

Iii

B

tla \

If the two carrier strips are pressed together in the direction of arrows B indicated in FIG. 1, the heads 12aa of strip lOa are moved behind the heads 12bb of strip lOb and the two carrier strips are held in a closed position by virtue of the engagement of the pin heads, as illustrated at the lefthand side of FIG. I. Since the carrier strips lOa and lOb are of non-stretchable material, they cannot be extended to permit inadvertent release of the two strips. The reinforcement members 16a and 16b also ensure that there will be no bending at the narrow edge of the strip which would permit an unintended release of the engagement in the direction transverse to the longitudinal orientation (direction A in FIG. 1) of the carrier strips. The two carrier strips can only be detached from one another by bending the two carrier strips in a direction which is opposite in the direction of arrows B illustrated in FIG. 1. It has been observed that where the separable fastener is used in belts or the like, it is an advantage to connect the last two adjacent reinforcements 16a and 16b at the ends of the carrier strips lOa and lOb by bridge pieces 18a and 18b.

13

FIGS. 3 and 4 illustrate a second embodiment of the fastener. A row of coupling pins 112 including the pin heads and a reinforcement member 116 are molded as a single preformed unit. The unit is made of a thermoplastic material. The carrier strip 110 with the coupling pins is then formed by arranging a plurality of preformed units and injection molding an elastomeric material, such as a synthetic rubber, around the lower. portion of the preformed units to form the carrier shown in FIG. 3. FIG. 4 is a top plan view of FIG. 3 illustrating the relationship of the reinforcement members 116 and the coupling pins 112 in the carrier strip 110.

Ill fig.J

Ill

\v 111

Ill 1111

Fig. I.

FIGS. 5 to 8 illustrate a third embodiment by which the opening and closing of the fastener is accomplished by using an operating member comprising a non-planar S-member 200 and a handgrip 202. In FIG. 5, the two carrier strips lOa and lOb have coupling pins 12 similar to those illustrated for the fastener in FIGS. 1 and 2. The S-member 200 has a straight central limb 200m which lies at right angles to the longitudinal orientation (direction A in FIG. 5) of the carrier strips. One end of the central limb 200m is joined to end limb 200e by side limb 200s while the other end of the central limb 220m is joined to end limb 200ee by side limb 200ss. As shown in FIGS. 5, 7 and 8, the end limbs 200e and 200ee are parallel to each other and to the central limb 200m and are at right angles to the longitudinal orientation (direction A of FIG. 5) of the carrier strips lOa and lOb. The end limbs bear against and slide along the outer surfaces of the carrier strips lOa and lOb. The central limb 200m is pivotally connected to the handgrip 202 by the circular knuckle 202s. The S-member is made of a solid non­corroding metal rod. The handgrip is made of metal or a moldable, non-elastic plastic material.

When the handgrip 202 is moved in direction A, the engaged coupling pins 12 are separated from each other by the circular knuckle 202s to open and release the fastener. When handgrip 202 is moved in the opposite direction to direction A as illustrated in FIG. 5, the end limbs 200e and 200ee of the S­member 200 press the carrier strips lOa and lOb to close the fastener. The limit position of the S­member 200 is determined by end abutments lOe and lOg at the outer ends of carrier strips lOa and lOb. Each of the end abutments facing the end limbs 200e and 200ee has a C-shaped notch, lOee and lOgg respectively, to engage end limbs 200e and 200ee of the S-member to retain S-member on the carrier strips. As illustrated in FIG. 5, the end abutments are an integral part of the carrier strips.

14

IDe l'l'g. f

i'DDf

fig. 5 1111 I 11/IIJ

f?g. 8

flg./ Allle I 21/d 211JJ

15

Having thus described the invention, what is claimed is:

1. (Amended) A separable fastener comprising two separate carrier strips and a plurality of A B

coupling pins, each of said carrier strips supporting a plurality of rows of said coupling pins, each c

coupling pin having a substantially non-deformable spherical head, whereby when said fastener is closed, D

the heads of said coupling pins supported on one carrier strip are engaged behind the oppositely

located and offset heads of said coupling pins supported on the other carrier strip. NO ERROR E

2. (Amended) A fastener according to claim 1, further including a non-elastic reinforcement A

member, said member supporting a plurality of said coupling pins to form a row of said coupling pins, B C

wherein said row of coupling pins [are] is transverse to the longitudinal orientation of said carrier strips.

NO ERROR E

D

3. (Amended) A fastener according to claim 1, wherein for each carrier strip, said coupling pins

are rigidly connected to said reinforcement members on one side of the carrier strip with the heads A B

of said pins projecting from the [other] opposite side of the carrier strip. C D

16

NO ERROR E

4. (Amended) A fastener according to claim 2, wherein said coupling pins A

and said reinforcement" members are made of [metal] a chromium alloy and the carrier strips are made B C

of [a non-stretchable material] leather. D

NO ERROR E

5. (Amended) A fastener according to claim 1, wherein the spacer sleeve and coupling pins are A

[formed as] molded into a single preformed unit which is made of a thermoplastic material. B C D

NO ERROR E

6. (Amended) A fastener according to claim [1] l, further including at least one bridge piece A B

wherein [said] at least two reinforcement members are disposed at one end of said carrier strips and are c

connected together by at least one [a] bridge piece. D

NO.ERROR E

7. (Amended) A fastener according to claim [2] l, wherein each coupling pin further includes a A

rubber spacer sleeve between [each] the head of each coupling pin and the carrier strip on which the pin B C D

is supported. NO ERROR E

17

8. (Amended) A fastener according to claim 1, further including an operating member which is

moveable [for opening· and closing the fastener] between said canier strips, said operating member A B

comprising a non-planar S-member having a central limb extending between said carrier c

strips at right angles to the longitudinal orientation of said carrier strips [and said coupling

pins], wherein said central limb effects closure of the fastener. D

NO ERROR E

9. (Amended) A fastener according to claim [8] .2., further including a handgrip A

having a circular knuckle, wherein said central limb of the [operating] S-member is pivotally connected B C D

to said handgrip by said knuckle. NO ERROR E

10. (Amended) A fastener according to claim [9] b further including an end abutment on A

one end of at least one of said canier strips to retain the central limb of the [operating] S-member on B C

said carrier strips, said end abutment having a C-shaped notch to engage said limb. D

18

NO ERROR E

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19