¶ 15.15.03 Provisional 35 U.S.C. 102 (e) rejection - design claimed in an earlier filed design patent application with common inventor and/or assignee
The claim is provisionally rejected under 35 U.S.C. 102 (e) as being anticipated by the claim in copending Design Patent Application No. [1] which has a common [2] with the instant application.
Based upon the different inventive entity and the earlier effective U.S. filing date of the copending application, it would constitute prior art under 35 U.S.C. 102 (e), if patented. This provisional rejection under 35 U.S.C. 102 (e) is based upon a presumption of future patenting of the copending application. The rejection may be overcome by abandoning the earlier filed copending application.
Examiner Note:
1. In bracket 2, insert inventor or assignee.
2. This form paragraph must be preceded by form paragraph 15.24.05 to notify the applicant that the question of patentability under 35 U.S.C. 102(f)/(g) also exists.