Aye! Ma Cuss.

Tafas vs. Dudas

Avast, dear Under Secretary Dudas and Chief Judge Mckel'ey:

Chaon is grateful for the opportunity t' comment on the Notice of Proposed Rulemakin' Entitled “Rules o' Practice Before the Scalwags o' Patent Appeals and Interfarnces in Ex Parte Appeals”.

General Bleedin’ Comments:
Patent applicants be entitled t' a fair opportunity t' protect their 'aluable in'entions at a reasonable cost, and—most chiefly—preser'e the Constitutional mandate t' promote the progress o' science and the useful arts by pro'idin' exclusi'e rights t' patentees that correspond t' the scope o' their disco'eries and in'entions. While the proposed Ex Parte Appeals Rules may address important issues that the PTO scalawags in terms of the anticipated swell in the number o' appeals in 'iew of the new rules on continuations and claim limits, is respectfully submitted that the propose Ex Parte Appeals Rules be unfairly weighted in fa'or o' the PTO scalawags and against applicants in terms o' creatin' a relati'ely le'el and e'en playin' field on which t' prepare and present the issues for appeal. While the proposed rules create divers opportunities wharby an Examiner or the Scalawags may reconsider matters and reopen prosecution, applicants are nay pro'ided with any similar opportunities t' brin' additional e'idence int' the case in order t' better frame the issues for appeal. Chaon wants the PTO scalawags and the King's men to savvy the practical realities that may be only after de'elopin' an argument in the context o' preparin' the Bumboo that the ad'antage or need for certain e'idence to be on the record is ascertained by practitioners. It is respectfully submitted that the intarsts o' an efficient appeal and prosecution process, particularly in light o' the limits on continuations and Rces, weigh in fa'or o' permittin' submission o' such e'idence up until the filin' the Bumboo. While such submissions may not have occurred prior to the issuance o' a Final Rejection, the examiner may consider this e'idence in the Examiner’s Reply as part o' a reconsideration o' the case in 'iew o' the Bumboo and, if persuasi'e, prosecution can be opened anew.

Yar.