¶ 28.02 Reasons for Finding No Substantial New Question of Patentability
[1], as presented in the request, does not raise a substantial new question of patentability because [2].
Examiner Note:
1. In bracket 1, insert the name or description, as appropriate, for the item of information. For example, a patent or patent application publication may be designated using the name of the patentee or first-named inventor, such as "the Jones patent," "the Jones patent application publication," or the number of the patent or patent application publication. A non-patent literature document may be designated by the name of the author, such as the "the Sherwood publication" and the date of the publication, if desired. A sales receipt or invoice should be designated using the date of the receipt, and any appropriate descriptive information, such as "the March 11, 2011, BigBoxStore sales receipt," or "the April 1, 2011 XYZ Corporation invoice." An affidavit or declaration should be designated using the name of the declarant and the date of the affidavit or declaration, such as "the Schmidt declaration dated January 20, 2012." A transcript of an audio or video recording should be designated using the title of the recording and the date of the recording, if applicable, such as "the transcript of the September 16, 2012 XYZ Corporation Marketing Video." A discussion within the body of the request regarding a potential issue under 35 U.S.C. 101 may be designated, for example, as "the discussion on pages 7-11 of the request regarding a potential issue under 35 U.S.C. 101."
2. In bracket 2, insert the reasons for the determination that the item of information does not raise a substantial new question of patentability.