Patent Practice I Final
Franklin Pierce Law Center
Autumn 1997


Part I - 100 Pts

Write three independent and a total of seven claims effectively covering the inventive activity described in the disclosure (exhibit A) and defining the invention over the art disclosed in the problem (exhibits B and Q. Do not expand the disclosure or add new matter.

Part III - 50 Pts

Choose the best answer to each question in the problem set and copy your answer to the sheet provided. Each question is scaled according to the total points, so each counts the same as any other.


Exhibit A


Ventilated beekeeper's suit

Lemoine, Jacques, 543 Little Farms Ave., Metairie, Maine and Yorda,
Carl, 2 White Street, Concord, New Hampshire


A beekeeper's suit which is used for protection against bee stings and insect bites. The beekeeper's suit provides for the use of a multi-layered material from which substantially the entire suit is uniformly constructed. The material includes an outside net layer, an inside net layer and an intermediate porous cellular plastic layer. The inside and outside layers provide structural integrity to the suit. while the intermediate layer provides protection against the bee stings through its thickness of approximately 0.4-0.6 centimeters. The intermediate layer provides about 90-95% of void space with a high degree of permeability to permit ventilation an cooling of the users skin during activity.

In the art of beekeeping it is important to inspect the bee hives or harvest honey which exposes the beekeeper to close contact with hundreds of bees which, when feel threatened, may sting the beekeeper. To protect the body of the beekeeper, a plurality of various garments have been designed which generally protect the exposed arms, torso, legs of the beekeeper by covering them with a body suit. However, most of the body suits known heretofore have been constructed of tightly woven material, so as to prevent the bee stings from penetrating through the fabric and reaching the body of the user. The disadvantages of such type of suit are easily appreciated when considering that a beekeeper often has to work in a hot climate when the outside temperature is uncomfortably hot and the bodv suit constructed of the tightly woven material doesn't allow air to freely circulate to the skin of the user. which leads to overheating of the body and setting of early fatigue. Additionally, the physical activity causes the body to warm tip. and since (here is no air circulation, the body heat is not allowed to escape.

Therefore there is a constant need in the art for a beekeeper's suit which has the ability to protect the wearer from bee stings while working with the bee hives. yet at the same time provide for ventilation through the suit so that the beekeeper could be kept dry and comfortable during his work.

The present invention contemplates elimination of the drawbacks associated with the known solutions by providing a lightweight ventilated beekeeper's suit for protection against insect bites.

The present invention provides a beekeeper's suit which is made of a multi-layered material. The outside layer is a netting of flexible material having openings in the range of the between 0.2-1 centimeters per opening. The inside layer is similar to the outside layer in structure. "Sandwiched" between the outside and the inside laver is an intermediate laver formed from a flexible porous cellular plastic material approximately 0.5 cm thick with a pore count in the range of 7-30 pores per linear inch. and a porosity of 97% of void. The intermediate laver is continuous throughout the suit, so that the multi-layered material is uniform, flexible, allowing prevention against insect stings, while permitting air circulation between the body of the user and the exterior of the suit to make the beekeeper more comfortable during active work.

In one of the embodiments, the present invention provides for the suit covering substantial entire body of the user and includes an upper torso portion, arm portions secured to the upper torso portion about the shoulder lines. lower torso portion, including leg portions secured to the upper torso portion about the waist line and a hood portion secured to the upper torso portion by zippers or other attachment means one on each side about. the neck line. A facial mask formed from mesh material is preferably colored in white or lighter color on the exterior surface thereof, so as to not attract bees or other insects and colored black on interior surface to prevent light reflection and thus increase visibility. The present invention also provides for the use of gloves to be positioned on hands of the user, with the gloves having a cutout portion in which a discrete piece of the material from which the entire suit is constructed is inserted. so as to provide ventilation to the outside surface of the hands and permit further ventilation to the body.

Tightening hook and loop fasteners, elastic, or cords about wrists and ankles of the suit allow tight securing of the arm and legs portions, respectively, so as not to allow insects to penetrate under the suit. The screened mesh facial portion is formed from a mesh having about 0.3 centimeter openings to allow observation of the outside conditions, and not allow bees or other insects to penetrate or sting through.

At the portions where the fabric is engaged in seams, such as about sleeve and pants cuffs. shoulder lines, neckline or waistline, twill or bias tape is sewn to reinforce the area and afford extra protection against stings.

It is therefore an object of the present invention to provide an apparel that is lightweight and comfortable to use.

It is a further object of the present invention to provide an apparel which is flexible and doesn't impede movements of the user.

It is a further object of the present invention to provided a beekeeper's suit which allows ventilation of the body by permitting air flow to circulate between the body of the user and the exterior and also allows body heat to escape.

It is still a further object of the present invention to provided a beekeeper's suit constructed of multi-layered uniform flexible material, providing uniform protection throughout the surface of the suit.

The following drawings show various aspects of the invention.

FIG. 1 is a perspective view of the preferred embodiment of the suit of the present invention.

FIG. 2 is a detail view of a portion of the present invention.

FIG. 3 is a cross-sectional along lines 33 in FIG. 2, and typical make up of suit.

FIG. 4 is an exploded view of the multi-layered fabric structure from which the suit of the present invention is constructed. using square netting for inner and outer material.

FIG. 5 is a top view of the alternate hexagonal netting for outer or inner layer of the fabric used in constructing the suit of the present invention.

FIG. 6 is a detail view of an alternative jacket embodiment of the present invention.

FIG. 7 is a perspective view of a glove used in combination with a certain discrete piece of multi-layered uniform flexible material, sewn on the back of glove. same as used in the garment covering the body of the user in accordance with the present invention.



Referring to the drawings in more detail, numeral 10 designates the preferred embodiment of the suit of the present invention. As can be seen in the drawing, the beekeeper suit 10 comprises a body suit having an upper torso portion 12, a lower torso portion 14. the upper torso portion having arm portions 16 and 18 attached thereto along the shoulder seams 20, while the lower torso portion comprises leg portions 24 and 26 extending from the waist line 50 downwardly to the ankle lines 28 and 30, respectively.

A hood portion 32 is sized and shaped to comfortably cover the head of the user, while extending downwardly to a neck portion 34 and attached to the upper torso portion 12 along the neck line 36.

If desired, the hood portion 32 can be attached to the upper torso portion 12 by two zippers 38 which begin in the center rear of neck and close at center front at the chest. and extend along the neck line 36 as illustrated in FIG. 1. The hood can be easily removed.

The hood portion 32 includes a facial mask 40 which is preferably constructed of an open wire mesh. so that the wearer could easily observe his operations during activities about the bee hives. The present invention contemplates the screen 42 to be formed of a screen mesh. with inner surface being painted in darker colors to make observations easier with no light reflection, while the outer surface is painted in white color, as white does not attract insects, which improves vision without insects in view and also reflects light and heat. The wire mesh screen has open holes of approximately 0.3 centimeter square holes. which size is deemed to be sufficient to prevent penetration through the wire by bees or other insects.

Centrally located about the central line 22 of the upper torso portion 12 and the lower torso portion 14 is an elongated zipper 44 which extends from the neck line 36 to the distance below the waist of the user, so as to permit easy access and exit from the garment 10.

As was mentioned above, the upper torso portion 12 and the lower torso portion 14 are fixedly connected about the waist line 50 to each other or may be made as by a continuous piece for upper and lower portions.

The arm portions 16 and 18 terminate at the wrist portions 46 and 48, respectively. which can be provided with hook and loop fasteners, elastic bands or other similar securing means to allow tight enclosure of the arm portions 16 and 18 about the wrists of the user. In a similar manner, the ankle seams 28 and 30 can be provided with hook and loop fasteners or with draw cord tying straps to allow tightening of these portions about the ankles of the user to prevent access of the bees and insects through the space between the body of the user and the fabric of the suit.

The gloves 70 (illustrated in FIG. 7) can be used in combination with the body suit 10, as will be described below.

FIG. 6 illustrates an alternative embodiment of the present invention, wherein the beekeeper's suit is in the form of a jacket which extends from tile neck of the user (not shown) to the waist of the beekeeper. Secured about the waistline 50 is a draw cord or string 51 which is tied at the waist to tighten the jacket about the body of the beekeeper. A conventional elongated zipper may be provided through the central front line of the jacket to close the garment in a conventional manner. The jacket may be used by the beekeeper when making short inspections of the bee hives.

Turning now to FIGS. 3 and 4, the fabric construction from which the suit 10 is made will be discussed. As seen in FIG. 3, the fabric has an outside netting layer 60. an inside netting laver 62 and an intermediate porous layer 64. The lavers 60 and 62 are similar in construction and are formed of net mesh having a pore count in the range of 0.2- 1 centimeters per opening. The shape of the open holes can be made square, round or, in the alternate FIG. 5 netting, hexagonal width a thickness of approximately 0.05-0.07 centimeters.

This fine net material is comfortable to he skin of the user and extends throughout the garment construction. presenting no obstructions which might irritate the skin of the beekeeper. The suit 10 can be worn with or without undergarment (not illustrated) to allow for better ventilation of the beekeepers body.

The intermediate layer 64 is made from a porous material, such as flexible porous cellular plastic having a porosity grade in the order of 10, with 7-30 pores per linear inch variance, and having a porosity of 97% of void. The individual open pores 65 allow a complete Dow of air through the layer 64 from the outside onto the skin of the user or from (lie skin of the user to the outside, allowing escape of the body heat Since the outside layer 60 and the inside layer 62 are open net layers, a maximum circulation of air and therefore ventilation of the body is afforded.

The intermediate layer 64 is preferably to be 0.2-0.6 centimeters in thickness and can be as high as 1.2 centimeters in thickness. The overall thickness of the fabric which includes the outside layer 60, intermediate layer 64 and the inside layer 62 is in the order of 0.25-0.8 centimeters thickness overall which effectively prevents penetration of a bee sting through the multi-layered fabric.

The intermediate layer 64 extends uniformly through the entire garment between the outside layer 60 and inside layer 62, so that a-uniform flexible material is used throughout the suit to afford a continuous spacing and protective barrier against insects stings. The fabric is therefore flexible, uniform in construction and provides sufficient ventilation for the beekeeper.

As illustrated in FIG. 5. the layer 60 (or a similar layer 62) can be made from a fabric having hexagonally-shaped openings, such as for example material manufactured by Apex Mills Corporation, style NH43. The outside layer 60 and the inside laver 62 provide structural stability and integrity to the intermediate layer 64 and, therefore, to the overall suit. The small openings of the outside and inside layers provide structural integrity to the intermediate layer 64, protecting it and preventing its tearing or destruction during manipulation of the suit.

Referring now to FIG. 7, a glove 70 is shown for use with the suit of the present invention. The glove 70 has an outer side 72 which is provided with a cutout section 74 on back of glove. Sewn within the cutout section 74 is a certain small piece of multi-layered fabric 76 which is identical to the fabric from which the overall garment is composed. The piece has a similar 3-layer composition, with an outside layer similar to the layer 60, inside layer similar to the layer 62 and an intermediate layer similar to the layer 64. The glove 70 allows ventilation of body heat through the cutout portion 74, further increasing comfort of wearing the body suit 10. The cutout 74 is formed only in the outer or back side of the glove 70. This section 76 also prevents insect stings to penetrate the skin.






Exhibit B

U.S. Patent No. 4,716,594

Protective garment for protection against mosquitoes and other insects

INVENTOR: Shannon, Keith, Rte. 2, Box 223X, Hopkins, South Carolina 29061

ABSTRACT

A protective garment for protection against mosquitoes and other insects is provided. The garment comprises a plurality of fabric components with stitching forming seams securing the components together. The fabric components are multilayered and comprise inner and outer layers of fabric which are connected at the seams The outer layer of fabric is constructed so as to prevent passage of mosquitoes and other insects therethrough. The inner layer of fabric is a coarse mesh fabric with relatively large openings therein and is many times thicker than the thickness of the outer layer of fabric so as to serve as a spacer layer to space the skin of the wearer of the garment at such a distance from the outer surface of the garment that mosquitoes, even in the event of sticking their heads between yarns forming the outer fabric layer, cannot span the distance to the skin of the wearer so as to bite the wearer.


Exhibit C

U.S. Pat. No. 3.783.451 issued on Jan. 8. 1974 (Malin). Malin teaches provision of a retaining layer (netting) to which tubes or plastic rings are fixedly secured. However, the suit of Malin is not flexible enough to permit unencumbered movements to the wearer. Additionally, the spaces. between tubes or rings have a very thin netting which, when the garment is bent during regular use, will not protect the wearer from insect bites. Further, sagging of netting between the tubes will inevitably expose the user to insect bites.


Part II

Patent Practice One
Objective Questions

Instructions: Please choose the most correct answer of the multiple answers to the questions below on the answer sheet provided.

1. 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 ordy 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.


2. On April 1. 1995. you filed a patent application which describes and claims a chemical composition. The specification as originally filed teaches that the composition can contain up to 6% by weight of a required surfactant. This is the only reference to the amount of the surfactant in the specification. Original claim I recites a composition that contains tip to 6% by weight of the surfactant. Original claim 2 recites a composition containing 3 to 6% by weight or the surfactant. On December 5, 1995, the Examiner issues a non-final Office action rejecting claims I and 2 over a prior art reference that describes the claimed composition containing I to 2% by weight of the same surfactant. In January 1996, your client, while reviewing the application in light of the Office action. informs you that there is a typographical error in the application. The amount of surfactant in the specification should have been up to 60% by weight. The upper limits on claim I and claim 2 should also be 60% by weight. He asks you to correct this error when you respond to the Office action. On February 5, 1996, you file an amendment responsive to the non-final Office action dated December 5, 1995. In addition to arguing the patentability, which of the following courses of action is the most appropriate response to the Office action?

a. Cancel claim 1. Amend the specification to recite that the surfactant is present in an amount from 3 to 6% by weight

b. Amend the specification and claim I to recite that the surfactant is present in an amount of up to 60% by weight. Amend claim 2 to recite that the surfactant is present in an amount from 3 to 60%

c. Cancel claim 1. Amend the specification to recite that the surfactant is present in an amount between 3 and 60% by weight. Add new claim 3 reciting that the surfactant is present in an amount from 3 to .60% by weight.

d. Cancel claim 1. Amend the specification to recite that the composition contains up to 60% by weight of the surfactant.

e. Cancel claims I and 2 and present a claim having surfactant present in the amount of I to 60% by weight.


3. You received a final rejection dated Wednesday June 2, 1997, on an application you are prosecuting in the PTO. The examiner set a three month shortened statutory period for response. On Tuesday, September 7, 1997, you mailed to the PTO a Notice of Appeal with a proper certificate of mailing dated September 7, 1997, and a proper petition for a one month extension of time. However, you inadvertently forgot to include the fee for the extension of time with your response. On Thursday, September 9, 1997, the Notice of Appeal was received in the PTO. Today. October 13, 1997, you received a notice from the PTO informing you that there is a fee deficiency. Which of the following actions, if any, would be most appropriate to take to prevent abandonment of the application?

a.) Submit an additional request for an extension of time for a one month extension

b.) Submit a request for an extension of time for two months with the requisite fee

c.) Submit a letter explaining the delay and urging the Office to consider your response

d.) Submit a proper petition for revival of an abandoned application.

e.) None of the above


4. Smith. a U.S. citizen. works in France for a French company, the Widget Corporation. At the time he began work for Widget. Smith signed a standard employment agreement by which he agreed to assign to the company all inventions lie would make as an employee. Widget filed a U.S. patent application on June 1. 1997. disclosing an improved widget. Smith was named as the sole inventor. The U.S. application did not claim priority under 35 U.S.C. 119 to any earlier filed foreign application. Which of the following is available as a prior art reference against the claims of Smith's patent application?

a.) Sales of the improved Widget by Smith in France prior to June 1, 1996

b.) A paper by Smith published September 8. 1996 describing Smith's application

c. ) A German patent application filed by Smith January 1, 1995 that was published May 30, 1997.

d.) A U.S. patent issued to Jones June 15, 1997 on an application filed March 1995 which describes but does not claim the Smith invention.


5. Which of the following situations, if any, would be an improper reason for holding a patent application abandoned?

a. Failure to respond to a requirement by the examiner to correct what the examiner has determined is a non-responsive response

b. An express abandonment by the agent of record

c. Withdrawal of ail appeal where two independent claims are rejected and appealed and one dependent claim is objected to, but indicated to be allowable if rewritten in independent form

d. Copying claims from a patent which the examiner as provided a 102 rejection over


6. You are prosecuting a patent application for a golf ball core material on behalf of inventor Karl Joseph Zee. The PTO requires that a patent must be applied for in the name of the actual inventor. Which of the following would satisfy the PTO requirement for the name of the actual inventor which must appear on the application papers filed in the PTO?

a.) Kal J. Zee

b.) Kal Zee

c.) K.J. Zee

d.) K. Joseph Zee

e.) Any of the above


7. In a U.S. patent application, a multiple dependent claim cannot properly depend from;

a.) Another multiple dependent claim

b.) An independent claim

c.) A dependent claim

d.) Several Independent claims

e. ) Any of the above

8. You are a registered practitioner. You are preparing a patent application. You have already drafted four claims. Claim I is ail independent claim directed to a product. Claim 2 depends from claim I and further defines the product. Claim 3 is directed 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 claim I and claim 2 further comprising ...

b. A method using the apparatus of claim I and claim 2

c. A product according to claim I or claim 2 further comprising ....

d. The product of Claim 3 further comprising... e. all of the above


9. Jane and Emma work for the same company, APC Inc. Jane invented a new composition which is electrically conductive. Emma working alone and with no knowledge of Jane work, invented a new lubricating composition. A patent application is prepared naming both Fred and Fran as joint inventors and disclosing the new, compositions. There are two claims in the application: claim I covers Jane's electrically conductive composition and claim 2 is directed to Emma's lubricating composition. Fred and Fran be joined as joint inventors because

a. Can, the claims are separate and distinct

b. Can, the inventors worked at same employer

c. Cannot. each inventor did not work on each and every claims subject matter

d. Cannot the inventors must be some collaboration


10. On April 3. 1995. Smith discovered a process for making a new, composition made by heating an aqueous mixture of a resin and a metal salt. Smith filed a patent application on Jul), 28, 1995, which issued as a patent on November 16, 1997. The patent claims were directed only to the process for making the composition. However. the patent discloses, but does not claim, the composition. On September 19, 1997, Norman discovered that Smith's composition could be made by a different process comprising the steps of reacting a resin. a metal oxide and an acid in a nitrogen atmosphere. On November 15, 1997, Norman filed an application 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 date of filing

b. Proper because Smith's composition was known by others in this country

c. Improper because the patent issued to Smith was filed more than one year prior to Norman's application

d. Improper because Norman filed for his patent prior to Smith's patent issuing

e. Proper because Smith claims the same invention and has sold the same one year prior to Norman.


11. Constructive reduction to practice occurs when

a. A working model of the invention is completed

b. A description of (lie invention is made in a printed publication

c. The invention is described in a United States Patent application

d. When the inventor tells her patent agent of the invention

e. When the inventor has mentally completed the invention


12. You are preparing a patent application for your client. The invention is disclosed in the specification as a device comprising A, B and means C for performing a function. The specification discloses two specific embodiments for performing the function defined by means C, namely C' and C". The specification also discloses that components D or E may be combined with A, B, and means C to form A, B, means C, and D or to form A, B, means C and E. The specification further discloses that component G may be used with only means C'. The first three claims in the application are as follows: 1. A device comprising A. B and means C for performing a function. - 2. A device as claimed in claim 1, wherein means C is C'. 3. A device as claimed in claim I or 2 further comprising D. Which of the following claims would be a proper claim 4 and be supported by the specification?

a. A device as claimed in claim 1 further comprising D

b. A device as claimed in Claim 1, 2, or 3 further comprising G

c. A device as claimed in Claims I and 2 further comprising G

d. A device as claimed in Claim 2 further comprising E

e. A device as claimed in Claim 2 or 3 wherein C is C", further comprising G


13. 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.


14. On April 1, 1995, you filed a patent application which describes and claims a chemical composition. The specification as originally filed teaches that the composition can contain up to 6% by weight of a required surfactant. This is the only reference to the amount of the surfactant in the specification. Original claim I recites a composition that contains up to 6% by weight of the surfactant. Original claim 2 recites a composition containing 3 to 6% by weight of the surfactant. On December 5, 1995, the Examiner issues a non- final Office action rejecting claims I and 2 over a prior art reference that describes the claimed composition containing I to 2% by weight of the same surfactant. In January 1996, your client, while reviewing the application in light of the Office action, informs you that there is a typographical error in the application. The amount of surfactant in the specification should have been up to 60% by weight. The upper limits on claim I and claim 2 should also be 60% by weight. He asks you to correct this error when you respond to the Office action. On February 5, 1996, you file an amendment responsive to the non-final Office action dated December 5, 1995. In addition to arguing the patentability, which of the following courses of action is the most appropriate response to the Office action?

a. Cancel claim 1. Amend the specification to recite that the surfactant is present in an amount from 3 to 6% by weight

b. Amend the specification and claim I to recite that the surfactant is present in an amount of up to 60% by - weight. Amend claim 2 to recite that the surfactant is present in an amount from 3 to 60%

c. Cancel claim 1. Amend the specification to recite that the surfactant is present in an amount between 3 and 60% by weight. Add new claim 3 reciting that the surfactant is present in an amount from 3 to 60% by weight.

d. Cancel claim 1. Amend the specification to recite that the composition contains up to 60% by weight of the surfactant.

e. Cancel claims I and 2 and present a claim having surfactant present in the amount of I to 60% by weight.


15. Please list the statutory classes of claims under United States law in the space provided on the answer sheet.