THE SECRET PTO GRADING GUIDELINES 
                                  FOR 
           OCTOBER 1993, APRIL 1994, NOVEMBER 1994, 1995, 1996
                       PATENT BAR EXAMINATIONS.

==========================================================================

    This is the "secret" grading guide line used by the PTO to evaluate 
the claim drafting section of the Patent Bar Examination.  Pried out of 
the PTO by an FOIA request.  

                     PART I GRADING GUIDELINES
                             October 1993

Claim 1 40 points
Claim 2 10 points
Claim 3 10 points

INDEPENDENT CLAIM:

     -40 Method claim or Jepson claim or claim is anticipated by prior 
         art.  

     -20 Claim that defines an inoperative invention.

     -10 Missing element.

     -4  Subject matter not within scope of invention disclosed.

     -4  Claim language which is vague or indefinite, e.g. language which 
         does not have antecedent basis or which does not positively set 
         forth each element or component.  

     -4  Elements or components not interrelated or incorrectly 
         interrelated in the claims in the manner disclosed and shown.  

     -4  Renaming elements of the invention.

     -2  Poor grammar or misspelled word.

     -2  Unnecessary limitation.


DEPENDENT CLAIMS:

     -10 Missing claim or claim anticipated by prior art or claiming a 
         method or using Jepson format.  

     -7  Claiming embodiment not disclosed or claim defines an 
         inoperative invention.  Missing element.  

     -2  Subject matter not within scope of invention disclosed.  

     -2  Claim language which is vague or indefinite, e.g. language which 
        does not have antecedent basis or which does not positively set 
         forth each element or component.  

     -2  Elements or components not interrelated or incorrectly 
         interrelated in the claims in the manner disclosed and shown.  

     -2  Renaming elements of the invention.

     -2  Poor grammar or misspelled word.

     -1  Unnecessary limitation.

                           -- end --October 1993

            
              APRIL 13, 1994.    GRADING GUIDELINES

These are the "Secret" grading guides used by the PTO graders to evaluate 
the claim drafting section for the April 13, 1994 Patent Bare 
Examination.  They were acquired from the PTO with an FOIA demand for 
relevant documents.  
 
The scanner sometimes confuses 1 (one) with l (lower case L), and periods 
with commas, and mixes l with I.  It also cannot handle sub and super 
scripts.  Rendering them as regular size and position letters and 
numbers.    Underlining if used in places that are important for your 
use, are marked with html codes,   and .  

The PTO cannot spell either, but the OCR program might guess at the word, 
and get it wrong.   Hopefully, the eyeball edit catches them. 
 --------- -----------------------------------------------------------
             MECHANICAL OPTION - GRADING GUIDELINES
                   April 13, 1994 Examination


             MECHANICAL OPTION    April 13, 1994
                         MODEL CLAIMS
          
1. A chair comprising    <---- PTO MISSED THE COLON                                         

a base, a support column having an upper end and a lower end, a 
substantially rigid mounting bracket fixedly connected to the upper end 
of said column, 

a seat having a front portion and a rear portion, each portion having an 
upper surface and a lower surface, the lower surface of said rear portion 
being fixed to said mounting bracket, 

the lower end of said column being adjustably mounted to said base to 
permit vertical adjustment of the height of said seat, 

a hinge interconnecting said front and rear portions and attached to the 
upper surfaces thereof, whereby said front portion is swingable angularly 
downwardly with respect to said rear portion, and 

an adjustment means for connecting said front portion to said mounting 
bracket for adjusting the extent of downward swinging movement of said 
front portion, whereby the angle of inclination of the front portion may 
be adjusted and the front portion may be retained in a selected position.  


2. A chair according to claim 1 wherein

 said adjustment means comprises 

a first bracket attached to a lower surface of said front portion of the 
seat, 

a second bracket attached to said mounting bracket adjacent the upper end 
of said support column, and 

a turnbuckle having two ends and an operating knob, one of said 
turnbuckle ends being pivotally connected to said first bracket and the 
other of said turnbuckle ends being pivotally connected to said second 
bracket, whereby said operating knob may be actuated to create a desired 
angular inclination of said front portion. 

 3. A chair according to claim 1 wherein 

said mounting bracket includes 

      a forwardly and downwardly extending portion to which an internally 
      threaded bearing is pivotally attached, and 
      
said adjustment means comprises 

      a U-shaped bracket attached to said lower surface of said front portion 
      of the seat, said U-shaped bracket having two ends and including a slot 
      intermediate said U-shaped bracket ends, and 

      an externally threaded screw having two ends and being threadedly 
      received in said internally threaded bearing, one of said screw ends 
      being rotatably received within said U-shaped bracket slot for rotation 
      of said screw relative to said U-shaped bracket and the other of said 
      screw ends being attached to an operating knob, whereby rotation of the 
      operating knob in either direction causes said front portion to swing 
      about said hinge to a selected angularly adjusted position with respect 
      to said rear portion.  



EVALUATION CRITERIA:

INDEPENDENT CLAIM 1 (Maximum point deduction 18 points, unless 
40 points deducted for no Claim, or for apparatus, method or Jepson Claim)

Preamble
      -3 Chair not recited

Missing Components
      -10 Base ......................... Objects

      -10 Support column ............... Objects
 
      -10 Seat ......................... Objects

      -10 Adjustment means ............. Objects + Critical

      -5 Mounting bracket .............. Critical

      -5 Hinge ......................... Objects + Critical


Incomplete Description or Necessary Limitation
      -5 Seat having a rear portion and a front portion [OBJECTS]

      -3 Hinge attached to upper surfaces of front and rear portions (no 
         deduction if 5 point deduction has been taken for omitting the hinge 
         entirely) [CRITICAL: PAGE 4, FIFTH LINE FROM BOTTOM] 

      -3 Adjustment means connecting the front portion of the seat and the 
         mounting bracket [CRITICAL: PAGE 4, THIRD LINE FROM BOTTOM] 

      -3 Mounting bracket fixed to the rear portion of the seat [CRITICAL: PAGE 
         4, NINTH LINE FROM BOTTOM] 

      -1  Mounting bracket is substantially rigid [CRITICAL: PAGE 4, NINTH LINE 
         FROM BOTTOM]

                Page M1

   INDEPENDENT CLAIM 1 (continued)

Unnecessary Limitations
      -2 Legs
      -2 Casters

      -2 Threaded Adjustment Means (for vertical adjustment of seat)
         Backrest (deduction only applies where "seat", not "chair", is claimed

      -2 Front and Rear Portions  having same width
      -2 Rear Portion  having greater depth than Front Portion
      -2 Rear Portion Comprising major area of overall surface of seat

Miscellaneous
      -40 Method claim, Jepson claim, or claim anticipated by prior art
      -20 Claim defines an inoperative invention
      -5 Claim not generic to dependent claims
      -4 Subject matter not within scope of invention disclosed

      -3 Inferential claiming, i.e., component not positively recited, e.g., 
         first portion  hinged  to second portion 

      -2 Misdescriptive
      -2 Failure to interrelate or incorrectly interrelating components
      -2 Vague or indefinite language
      -2 No antecedent basis
      -2 Double inclusion of component
      -2 Renaming components
      -1 Poor grammar (max deduction - 4 points)
      -1 Misspelling (max deduction - 4 points)

                         Page M2

DEPENDENT CLAIMS (Maximum point deduction per Calm - 9 points unless 10 
points deducted for no Claim or for apparatus, method or Jepson Calm) 

Missing Elements - Claim 2
      -3 First bracket .................. attached to lower surface of front 
                                          portion

      -3 Second bracket ................. attached to mounting bracket adjacent
                                          upper end support column

      -3 Turnbuckle ..................... having two ends pivotally attached
                                          to said first and second brackets.
                                          respectively

      -2 Operating Knob ................. intermediate the turnbuckle ends


Missing Elements - Claim 3

      -3 FDEP (forwardly and downwardly extending portion)

      -3 Bearing ..................... internally threaded and pivotally 
                                       attached to FDEP 
                                     
      -3 U-shaped bracket ............ attached to FDEP attached to lower 
                                       surface of front portion 

      -1 Slot ........................ intermediate ends of U-shaped bracket,

      -3 Screw ....................... externally threaded and having two ends, 
                                       said screw being threadedly received in 
                                       said bearing, one end being rotatably 
                                       received within said U-shaped bracket 
                                       slot and the other end being attached to 
                                       an operating knob 

      -2 Operating Knob ............. attached to other end of screw Dependent 
                                      Claims (continued) 

                                  Page M3


Miscellaneous
      -10 Method claim, Jepson claim, claim anticipated by prior art, or 
          missing claim 

      -7 Inoperative invention
      -3 Subject matter not within scope of invention disclosed
      -3 Inferential claiming
      -2 Misdescriptive
      -2 Failure to interrelate or incorrectly interrelating components
      -2 Vague or indefinite language
      -2 No antecedent basis
      -2 Double inclusion of component
      -2 Renaming components
      -1 Poor grammar (max. deduction - 2 points)
      -1 Misspelling (max. deduction - 2 points)
      -1 Dependent claim refers to previous claim by using language other
         than an Arabic numeral or does not refer to the previous claim. 37
         CFR 1.75(f).

                           Page M4
    
                   end of mechanical option
=====================================================================

               ELECTRICAL OPTION,  April 13, 1994
                        Model Claims

1. A disposable enuresis detection device comprising: 

a disposable diaper liner having opposite surfaces; 

a plurality of perforated metal foil electrodes, said electrodes including a 
first electrode being securely attached to one surface of said diaper liner and 
a second electrode being securely attached to the surface of the diaper liner 
opposite to the diaper liner surface that the first electrode is attached to; 

said first electrode being made of a metal which is different from said second 
electrode, wherein said electrodes produce sufficient voltage to operate a 
sensor/alarm circuit when said diaper liner is wet with urine; and 

a disposable sensor/alarm circuit including two NOR gates, coupled to said 
disposable diaper liner and electrically connected to said electrodes.  


2. The disposable enuresis detection device of claim 1, further comprising: 

said two NOR gates consisting of a first NOR gate and a second NOR gate, each 
of said NOR gates each having two inputs, one output and a +bias input; 

the electrical connection of the disposable sensor/alarm circuit consisting of 
a pair of insulated wires, one wire connecting the more positive voltage 
electrode to the +bias input of each of said two NOR gates, the other wire 
connecting the more negative electrode to one input of the first NOR gate and 
one input of the second NOR gate; 

the output of said first NOR gate being directly connected to the input of the 
second NOR gate that is not directly connected to the more negative electrode; 

a capacitor, the output of the second NOR gate being connected through said 
capacitor to the input of the first NOR gate that is not directly connected to 
the more negative electrode; 

a first resistor and a diode, said first resistor and said diode connected to 
each other in series; 

a second resistor, said second resistor being connected in parallel with said 
 first resistor and diode, said second resistor and said diode being directly 
 connected to the input of the first NOR gate that is not directly connected to 
 the more negative electrode and said output of said first NOR gate being 
 connected to said first and said second resistors;

 and an alarm connected to the output of one of said NOR gates.  


              ELECTRICAL OPTION - GRADING GUIDELINES
                    April 1994 Examination                              

INDEPENDENT CLAIM 1 (Maximum point deduction - 18 points, unless no Claim 
presented, Claim anticipates prior art, or a method or Jepson Claim is 
presented) 

Preamble
        -3 Disposable enuresis detection device not recited

Missing Components
        -5 Diaper liner ............................. [OBJECTS]
        -5 Dissimilar metal foil electrodes...........[OBJECTS]
        -5 Alarm .....................................[OBJECTS]
        -5 Sensor circuit ............................[OBJECTS]
        -5 Two NOR gates  ............................[OBJECTS]


Incomplete Description or Necessary Limitation
        -3 Claims only one NOR gate [OBJECTS]

        -2 Foil electrodes (no deduction if metal electrodes omitted 
           entirely) [OBJECTS] 

        -2 Dissimilar metal electrodes (no deduction if metal electrodes 
           omitted entirely) [OBJECTS 

        -2 Metal electrodes in direct contact with diaper liner 
           [CRITICAL: PAGE 10, FIRST LINE OF FOURTH PARAGRAPH] 

        -2 Dissimilar electrodes produce sufficient voltage to operate 
           sensor/alarm circuit when diaper liner wet with urine [OBJECTS] 

        -2 Perforated electrodes (no deduction if metal electrodes 
           omitted entirely) [OBJECTS] 

        -2 One electrode on each side of diaper liner [CRITICAL: PAGE 10, 
           FIRST LINE OF FOURTH PARAGRAPH] 
 
                                Page E1


INDEPENDENT CLAIM 1

Unnecessary Limitations
        -1 Porous plastic film
        -1 Adhesive for sensor/alarm circuit
        -1 Thin metal foil
        -1 Thickness of metal foil
        -1 Clicking alarm


Miscellaneous
      -20 Method claim, Jepson claim, or claim anticipated by prior art
      -10 Claim defines an inoperative invention
      -4  Subject matter not within scope of invention disclosed
      -3  Inferential claiming, i.e., component not positively recited
      -2  Misdescriptive (e.g. confusing diaper with diaper liner)
      -2  Failure to interrelate or incorrectly interrelating components
      -2  Vague or indefinite language
      -2  No antecedent basis
      -2  Double inclusion of component
      -2  Use means plus function language
      -2  Renaming components
      -1  Poor grammar (max deduction - 2 points)
      -1  Misspelling (max deduction - 2 points)

                          Page E2

DEPENDENT CLAIM 2 (Maximum point deduction per Claim - 36 points unless
 40 points deducted for no Claim)

Preamble
     -3 Disposable enuresis detection device according to Claim 1

Missing Elements
    -10 NOR gate
    -1 0 Alarm
    -1 0 Capacitor
    -10 First resistor
    -10 Second resistor
    -1 0 Diode
    -5 +Bias input

Miscellaneous
    -40 Method claim, Jepson claim, or claim anticipated by prior art
    -20 Claim defines an inoperative invention
    -4 Subject matter not within scope of invention disclosed
    -3 Inferential claiming, i.e., component not positively recited
    -2 Misdescriptive
    -2 Failure to interrelate or incorrectly interrelating components
    -2 Vague or indefinite language
    -2 No antecedent basis
    -2 Double inclusion of component
    -2 Use means plus function language

                            Page E3

DEPENDENT CLAIM 2 (Miscellaneous Continued)

    -2 Renaming components
    -1 Poor grammar (max deduction - 4 points)
    -l Misspelling (max. deduction - 4 points)
    -1 Dependent claim refers to previous claim by spelling the number of
       the previous claim rather than using its Arabic numeral or omit
       independent claim number. 37 CFR 1.75(f).

                            Page E4
                   End of Electrical Option

================================================================

  CHEMICAL OPTION:

    Model claim is found in 94 answer file.


Note: Remember the OCR process does not properly render sub and super 
scripts. 

              CHEMICAL OPTION - GRADING GUIDELINES
                     April 1994 Examination

CLAIM 1 (Maximum point deduction 18 points, unless no claim presented, 
Claim anticipates prior art, or a method, apparatus, product-by-process 
or Jepson Claim  Is presented) 
 
Preamble
     -3 Multilayered dropcloth not recited

Missing Components
     -5 First outer plastic layer............. OBJECTS
     -5 Second outer plastic layer ........... OBJECTS
     -5 Center layer ......................... OBJECTS

Incomplete Description or Necessary Limitation
    -10  Heat bonding plastic layers to center layer [OBJECTS]    
    
     -4  Center layer thickness 0.0005 to 0.002 mils [OBJECTS + CRITICAL, 
         PAGE 8, FIRST FULL PARAGRAPH] 

     -4 Dropcloth thickness 0.0015 to 0.004 mils [OBJECTS + CRITICAL, 
         PAGE 8, LAST FULL PARAGRAPH BEFORE DIRECTIONS] 

     -3 Spun bonded plastic film (first and second plastic layers) 
        [OBJECTS] 

     -3 Surface depressions in outer surface of plastic layers [OBJECTS

Unnecessary Limitations
     -1 Surface depressions: aligned/small/uniformity distributed/diamond 
        shaped 

     -1 Pigment in center layer/TiO2 pigment in center layer

     -1 Center layer: polypropylene/linear low density polyethylene/low 
        density polyethylene 
                           
                               Page C1


CLAIM 2 (Maximum point deduction 18 Points, unless no Claim presented, 
claim anticipates prior art, or a method, apparatus, product-by-process 
or Jepson Calm Is presented) 
             
Preamble
     -3 Multilayered dropcloth not recited

Missing Components
     -5 First outer plastic layer
     -5 Second outer plastic layer
     -5 Center plastic layer

incomplete Description or Necessary Limitation
     -10 Heat bonding plastic layers to center layer

     -4 First outer plastic layer of spun bonded polypropylene (no 
        deduction if first outer plastic layer not claimed) 

     -4 Second outer plastic layer of spun bonded polypropylene (no 
        deduction if second outer plastic layer not claimed) 

     -4 Center layer consisting of low density polyethylene linear low 
        density polyethylene, or polypropylene (no deduction if center 
        layer not claimed) 

     -4 Plastic layer thickness 0.0005 to 0.002 mils
     -4 Center  layer thickness 0.0005 to 0.001 mils
     -4 Dropcloth thickness 0.0015 to 0.004 mils

     -3 Surface depressions uniformly distributed on outer surfaces of 
        plastic layers 
                              Page C2 

CLAIM 3 (Maximum point deduction 18 points, unless no Calm presented, 
Calm anticipates prior art, or a method, apparatus, product-by process or 
Jepson Calm Is presented) 

Preamble 
     -3 Multilayered dropcloth not recited 

Missing Components
     -5 First outer plastic layer
     -5 Second outer plastic layer
     -5 Center plastic layer 


Incomplete Description or Necessary Limitation 

     -10 Heat bonding plastic layers to center layer

     -4 First outer plastic layer of spun bonded polypropylene and short 
        segments of spun bonded polybutylene dispersed in the spun bonded 
        polypropylene 

     -4 Second outer plastic layer of spun bonded polypropylene and short 
        segments of spun bonded polybutylene dispersed in the spun bonded 
         polypropylene 

     -4 Center layer consisting of polypropylene and TiO2

     -2 TiO2 uniformly dispersed throughout polypropylene film of center 
        layer (no deduction if center layer consisting of polypropylene 
        and TiO2 not claimed) 

     -2 Amount of TiO2 is 50 to 85% by weight of polypropylene (no 
        deduction if center layer consisting of polypropylene and TiO2 
        not claimed) 

     -4 Plastic layer thickness 0.0005 to 0.002 mils

     -4 Center layer thickness 0.0005 to 0.001 mils
 
     -3 Surface depressions are small, closely spaced diamond-shaped 
       depressions uniformly distributed on outer surface of plastic 
       layers 
                               Page  C3


CLAIM 3 (continued)

     -2 Recites surface depressions but does not describe the depressions 
        as being small, closely spaced diamond-shaped depressions 
        uniformly distributed on outer surface of plastic layers (no 
        deduction if surface depressions not claimed) 

     -1 Recites surface depressions as being small, closely spaced 
        diamond-shaped depressions but does not describe the depressions 
        as uniformly distributed on outer surface of plastic layers (no 
        deduction if surface depressions not claimed) 

Claims 1,2 and 3 - Miscellaneous 
     -20 Method claim, Jepson claim, apparatus claim, product-by-process 
         claim or claim anticipated by prior art 

     -10 Claim defines an inoperative invention (e.g. not claimed heat 
         bonding of layers) 

     -10 Claiming embodiment not disclosed 

     -4 Subject matter not within scope of invention disclosed 

     -3 Inferential claiming, i.e., component not positively recited

     -2 Misdescriptive

     -2 Failure to interrelate or incorrectly interrelating components

     -2 Vague or indefinite language

     -2 No antecedent basis

     -2 Double inclusion of component

     -2 Renaming components

     -2 Use means plus function language

     -2 Reciting process step (e.g. heating, heating to fusion state, 
         embossing, etc) 

                           Page C4


Claims 1,2 and 3 - Miscellaneous (continued)
     -2 Reciting apparatus components (e.g. supply rolls, bonding 
         rollers, receiving roll, heating unit, embossing rollers, drive, 
         drive system, ate.) 

     -1 Improper Markush language
     -1 Poor grammar (max deduction - 2 points)
     -1 Misspelling (max deduction - 2 points)

     -1 Dependent claim does not refer to previous claim or using 
        language other than Arabic numeral in referring to previous claim 

                            Page C5
                 --- end of chemical option --
                   ===========================
                      

                     GRADING GUIDELINES
                      November 2, 1994

These are the "secret" grading guides provided to the PTO graders grading 
the claim drafting section of the November 2, 1994 Patent Bar 
Examination.  They were acquired from the PTO with an FOIA request.  
 The OCR program has difficulty with some letters and missintrepets them 
 Most of these have been manually corrected.  
  Also, it cannot distinguish super and sub scripts.  I renders them as 
 regular size letters.  
----------------------------------------------------------------------
              MECHANICAL OPTION - GRADING GUIDELINES
                   November 2, 1994 Examination


INDEPENDENT CLAIMS (Maximum point deduction 36 points each claim, unless 
40 points deducted for no Claim, method claim, Jepson Claim, or claim 
anticipated by prior art) 

CLAIMS 1 AND 3

Miscellaneous

     -40 No claim, method claim, Jepson claim, or claim anticipated by 
         prior art 

     -20 Claim defines an inoperative invention
     - 4 Subject matter not within scope of invention disclosed
     - 3 Inferential claiming, i.e., component not positively recited
     - 2 Misdescriptive
     - 2 Failure to interrelate or incorrectly interrelating components
     - 2 Vague or indefinite language
     - 2 No antecedent basis
     - 2 Double inclusion of component
     - 2 Renaming components
     - 1 Poor grammar (max. deduction - 4 points)
     - 1 Misspelling (max. deduction - 4 points)

     - 1 Claim is not object of a sentence, e.g., "I (or we) claim..." 
         [MPEP 608.01(m)] 

     - 1 Lacking claim numbering/misnumbered 

                              Page M1


CLAIM 1

Preamble
     - 3 Modular telephone plug not recited
     - 1 Recites an electrical plug

Missing Components
     - 1  Body .................................. CRITICAL
     -10  Dividers .............................. CRITICAL
     - 5  Contacts .............................. OBJECTS
     - 5  Strain relief member................... OBJECTS
     - 5  Inclined surfaces/Twisted tips ........ OBJECTS

Incomplete description or Necessary Limitation
     - 3  Body is nonconducting [CRITICAL]
     - 3 Body is made of thermoplastic material [CRITICAL]
     - 3 Confronting side walls define spaces or slots [CRITICAL]
     - 3 Strain relief member adapted to grip different size cables 
         must be stipulated in EITHER Claim 1 or Claim 2 [OBJECTS] 

Unnecessary Limitations
     - 1 Unnecessary contact details such as tang, detents, etc. (max.  
         deduction - 2 points) 

     - 1 Unnecessary cable details including insulation, wire, 
        conductor, etc. (max. deduction - 5 points) 
        
                            PAGE M2

CLAIM 3


Preamble
     - 3 Modular telephone plug crimping tool not recited

Missing Components
     -10 Pair of body parts ...................... OBJECTS
     -10 Hand lever .............................. OBJECTS
     - 5 Interchangeable crimping punch .......... OBJECTS
     - 5 Interchangeable crimping anvil .......... OBJECTS
     - 5 Roller .................................. OBJECTS
     - 5 Guide pin ............................... OBJECTS


Incomplete Description or Necessary Limitation
     - 3 Pair of body parts connected by a flexible member [OBJECTS]
     - 3 Hand lever and first body part connected by a pivot pin [OBJECTS]
     - 3 Roller mounted on pivot pin for engaging crimping punch [OBJECTS]

     - 3 Crimping punch comprises integral contact and strain relief 
         punch portions [OBJECTS] 

Unnecessary Limitations
     - 2 Integral handle on second body part
     - 2 Screw head
     - 2 Second pivot pin
     - 2 Cap
     - 2 Spring trapped between body parts
     - 2 Modular telephone plug

     - 1 Unnecessary recitations of elements comprising cable, contacts 
         and strain relief member (max. deduction - 5 points) 

                           PAGE M3


DEPENDENT CLAIMS  maximum point deduction 9 points each claim, unless 10 
points deducted for no claim, method claim, Jepson  claim, or claim 
anticipated by prior art) 

CLAIMS 2 AND 4

Miscellaneous
     -10 No claim, method claim, Jepson claim, or claim anticipated by 
         prior art 

     - 7 Claim defines an inoperative invention
     - 3 Subject matter not within scope of invention disclosed
     - 3 Inferential claiming, i.e., component not positively recited
     - 2 Misdescriptive
     - 2 Failure to interrelate or incorrectly interrelating components
     - 2 Vague or indefinite language
     - 2 No antecedent basis
     - 2 Double inclusion of component
     - 2 Renaming components
     - 1 Poor grammar (max. deduction - 2 points)
     - 1 Misspelling (max. deduction - 2 points)

     - 1 Lacking claim numbering/misnumbered, failing to use Arabic 
         numeral in referring to previous claim or failing to refer 
         to previous claim [37 CFR 1.75(f)] 

CLAIM 2

Missing Components
     - 3 Hinge portion
     - 3 Frangible portion
     - 3 Locking ratchet teeth
     - 3 Locking surface
                              PAGE M4

CLAIM 4

Missing Elements
     - 3 First stripping blade
     - 3 Second stripping blade
     - 3 Severing blade
     - 3 Severing anvil
                          
                              PAGE M5
                      End of Mechanical Option


-------------------------------------------------------------------------

             ELECTRICAL OPTION -GRADING GUIDELINES
                 November 2, 1994 Examination 

(Maximum point deduction 18 points each Calm, unless 20 points are 
deducted for no Calm, a method Calm, a Jepson Calm or a Calm anticipated 
by the prior art.) 

Miscellaneous (each claim)
      -20 No claim, a Jepson claim or a claim anticipated by the prior art

      -12  Claim defines an inoperative invention. The total 
      deduction is appropriate for claims which are extremely incomplete, 
      where the interconnections are garbled or the claims include such 
      extraneous matter, not supported by disclosure, that the invention 
      claimed is not recognizably the same as the invention disclosed. 
      Fewer than the maximum points can be deducted where the claim shows 
      substantial understanding and expresses parts of the claim 
      correctly. If there is evidence that the inoperativeness was due to 
      carelessness rather than lack of understanding the invention or 
      lack of claim drafting skills, other deductions may be more 
      appropriate.  

      -3 Subject matter claimed that is not within the scope of the 
       invention disclosed, including new matter.  

      -3 Inferential or indirect claiming; component not positively 
      recited.  

      -2 Not supported by the disclosure or misdescriptive.  

      -2 Omitting interconnections or incorrectly interrelating 
         components, parts or materials or the leads interconnecting 
         parts are open circuited, short circuited, unconnected or 
         incompletely or incorrectly interconnected as claimed.  

      -2 Naming unnamed parts or renaming parts already named.
      
      -2 Unclear, vague or indefinite language including calling the same 
         lead, part or component by two different names in the claims.  

      -2 Lack of antecedent basis.

      -2  Double inclusion of a material, part or component, particularly 
          found in dependent claims.  

      -1 Poor grammar (max. deduction -2 points per claim).

      -1 Misspelling (max. deduction -2 points per claim).

      -1 Claim improperly numbered or not numbered.

                           Page E1  


      -1 Claim is not the object of a sentence, "1 (or we) Claim..." 
      [MPEP 608.01 (m)l.  

      -1 Prolix, wordy without anything substantive to the claim, unduly 
      repetitious.  

      -2 Including an unnecessary or prohibited limitation in broadest 
      claims 2 and 5.  

      -3 (Max. per preamble) omitted, misdescriptive, incomplete or (in 
      dependant claims) inconsistent with instructions or (if a dependent 
      claim) inconsistent with the independent claim.  

CLAIM 1

Missing Components
     -5 AC power source (not power supply)
     -5 Transformer
     -3 Transformer primary or secondary
     -5 Bridge Rectifier
     -5 Filter
     -5 IR detector

Other Deductions
     -3 Normally open switch in or with the IR detector 
 
     -2 Incorrect identification of the warm object to trigger 
        the IR detector.  


CLAIM 2

Missing Components
     -5 Astable multivibrator
     -3 Timing signal output from the astable multivibrator
     -5 Binary up-counter
     -3 Receiving the timing output or providing a timing output
     -5 Auto-reverse counter/decoder (or counter/decoder)
     -3 At least one (or one or more), but not a plurality or more of 
        counter/decoders 
     -3 Arrays

                            PAGE E2


Other Deductions
     -2 Does not connect the outputs of the auto-reverse counter/decoders 
     to arrays of LEDs 

     -2 Does not limit the number of LEDs per position in the array to 
     eight maximum 

     -2 Does not limit the claim to devices in which only one position in 
     an array may be flashed at a time.  

CLAIM 3

Missing Components
     -5 VDD, AST, VSS, RCC, C and R on the astable multivibrator CLKB, 
    RSTB, RSTA, VSS, VDD, ENA, ENB and Q3 on the binary up-counter VDD 
    and VSS on the auto-reverse counter/decoder (Max. deduction 10 
    points) (Grader look for the possible double inclusion of Q. CLKA, 
    Q4, CLK and/or U/D from claim 2, and expressly claimed again in claim 
    3, a potential double inclusion problem) 

     -5 Capacitor and/or variable resistor. -1 if the resistor is not 
     expressly variable 
     
     -5 Power supply 

Other Deductions
     -2 Not dependent from claim 2 per directions
     -2 Not grounding VSS
     -2 Not connecting VDD to the power supply
                   
                         Page E3


CLAIM 4

Missing Components
     -5 Three or more auto-reverse counter/decoders
     -5 Exactly eighty LEDs. -1 it eighty, but open ended
     -5 Missing arrays of LEDs

Other Deductions
     -2 No "sides" disclosed for the LEDs
     -2 One auto-reverse counter/decoder per array


claim 5

Missing Components
    -5 Replaceable music integrated circuit. -1 for omitting "replaceable"
    -5 Alternative switch integrated circuit.
    -5 Thyristors
    -3 Thyristor gates
    -5 Receptacles

Other Deductions
    -3 Activates on receptacle or string at a time
    -1 MIC is replaceable

                            Page E4
                    end of Electrical Option
                           guidelines
=========================================================================
                       GRADING GUIDELINES
                      MAY 1995 EXAMINATION

         MECHANICAL, ELECTRICAL, AND CHEMICAL OPTIONS 

UNPUBLISHED GRADER'S GUIDES FROM THE PTO FOR THE PATENT BAR
EXAMINATION
OF MAY 1995.


These files are derived from documents obtained from the PTO the

The documents were scanned, then converted to ASCII by Optical Character 
Recognition programs.  Finally, a manual edit removed the many errors 
created by the conversion.  There may still be errors.  If you find any, 
please notify me and I will confirm and correct.

Scanning and conversion often interprets a 1 (one) as an l (lc L).
Subscripts are not shown as subscripts.  ie, they are full size.       
Comas and periods may be confused.

The original documents had points of interest underlined.  Underlining 
has been lost.  However, those underlined portions within the criteria 
have manually been marked with U and /U inside HTML pointy brackets, 
which are the html command codes for underlining.  Viewing/printing
this file with a web browser should (may) properly underline the words.  
Underlining of headers has not been so marked, so uninformative 
underlining has been lost.  

Similarly, italics are  between I and /I inside HTML pointy brackets.

Viewing with list.com or a word processor should reveal the codes
and pointy brackets.

If you need to know the underlining or italics, and cannot find them
I can fax them to you
or insert UL or Bold  printer commands, where useful, into the text. 
 (not all underlines confer additional information.)

KEY:
-4 = lose 4 points if your answer is not as indicated.

===================================================================
===================================================================
                    =================
                    MECHANICAL OPTION
                          1995

GRADING GUIDELINES - MAY 1995 EXAMINATION
Mechanical Option - Nozzle Assembly for HELP Paint Spray Gun

Independent Claim 1 (Maximum point deduction - 36 points)

Preamble
PR  -3     Nozzle assembly not recited [OBJECTS]

 
Missing Components
MC  -5     Fluid tip [OBJECTS]
MC  -5     Air cap   [OBJECTS]
MC  -5     Baffle    [OBJECTS]
MC  -5     Atomization or forward air chamber [OBJECTS]


   
NL   -3     Fluid tip has a conical outer surface [OBJECTS]

NL   -3     Fluid tip front end has axial paint discharge orifice
            [OBJECTS] or fluid tip has bore terminating in axial paint discharge
            orifice at a front end of the fluid tip [PAINT DISCHARGE ORIFICE
            NECESSARILY IMPLIES BORE OR PASSAGEWAY TERMINATING IN ORIFICE]

NL   -4     Fluid tip outer surface has shape of a right circular cone
            [CRITICAL: PAGE 18, 7TH LINE FROM BOTTOM]

NL   -3     Right circular cone has a vertex axially adjacent paint discharge
            orifice and axially aligned with fluid tip [CRITICAL: PAGE 18,
            7TH LINE FROM BOTTOM]

NL   -3     Fluid tip has externally threaded end [OBJECTS]
NL   -5     Fluid tip has a radial flange [OBJECTS]
NL   -3     Annular atomization air discharge orifice [CRITICAL: PAGE 19,
            LINE 8]
                                        
NL   -3     Flange has plurality of orifices uniformly spaced around the Lange
            circumference [OBJECTS]
      
      Miscellaneous
ICF  -40    Improper claim format, e,g., Method claim or Epson claim
            [EXCEPTION TO -36 POINT MAXIMUM DEDUCTION]

ANT  -40    Claim anticipated by prior art [EXCEPTION TO -36 POINT MAXIMUM
            DEDUCTION]

NC   -40    No claim [EXCEPTION TO -36 POINT MAXIMUM DEDUCTION]

IN OP   -20   Claim defines an inoperative invention

SI   -4    Subject matter not within scope of invention disclosed, e.g., 
           valve needle is not part of inventive nozzle assembly

CF   -1    Claim format error, e.g., Multiple sentences. One point deduction
           per claim.

DIR  -4    Failure to follow directions, e.g., using means plus function
           language

INF  -2    Inferential claiming, e.g., "fluid tip end threadedly connected to a 
           spray gun" in contrast to "fluid tip having a threaded end" 

CN   -2    Claim number misnumbered, improper, or missing
MD   -2    Misdescription
DI   -2    Double inclusion
FAIL REL   -2  Failure to interrelate or incorrectly interrelating components
IMG  -2    Improper Markush group
IML  -2    Improper Markush language
VI   -2    Vague or indefinite language
NAB  -2    No antecedent basis
RN   -2    Renaming components
                   
VL   -2  Unnecessary limitation, e.g., fluid tip front end includes a
         small flat annular surface to reduce the risk of damage to the 
         fluid tip; threaded retainer ring radially mounted onto baffle 
         perimeter; rear annular chamber formed between baffle and fluid 
         tip; fluid tip includes an axial bore.  

GR   -1  Poor grammar (max deduction - 4 points)
SP   -1  Misspelling  (max deduction - 4 points)


Dependent Claims (Maximum point deduction per claim -18 points)    

Claim 2

    Missing Components

MC  -4 Air horns
MC  -4 Air horn orifices


Failure to Interrelate Baffle to Air Horns

FAIL REL  -3  Baffle has a baffle tube with a calibrated orifice for reducing 
              the  pressure of air from the spray gun to a desired low pressure 
              for delivery of low pressure atomization air to the air horns.  


Claim 3
                   
    Missing Components

MC  -3    Fluid tip has a radial hexagonal section adapted to
          receive a wrench

MC  -3    Fluid tip has an axial bore
MC  -1    Axial bore has a long cylindrical section
MC  -1    Axial bore has a tapered conic section adapted to seat a
          spray gun valve needle

MC  -1    Axial bore has a short cylindrical section


Failure to follow Directions re Multiple Dependency
IR   -3    Not written in multiple dependent language. MPEP 608.01(n).
ID   -2    Written in multiple dependent language, but in improper form,
           e.g., "A nozzle assembly according to claims I and 2 ... " or
           "A nozzle assembly according to the preceding claims ... "


Claim 4

   Missing Components 

MC  -10 Air cap has (four) passages extending from the atomization
     air chamber to the front face of the air cap 

Failure to recite Structure to achieve Dual Purposes stated in 
Instructions

DIR  -5    Air cap passages are spaced to direct jets of air on either
           side of jets of air emitted from air horn orifices.


CLAIMS 2, 3, and 4 
     Miscellaneous
 
ICF  -20   Improper claim format, e.g., Method claim or Jepson claim
           [EXCEPTION TO -18 POINT MAXIMUM DEDUCTION]

ANT  -20   Claim anticipated by prior art [EXCEPTION TO -18 POINT MAXIMUM
           DEDUCTION]

NC   -20   No claim [EXCEPTION TO -18 POINT MAXIMUM DEDUCTION]

IN OP -10  Inoperative invention
CF   -3    Claim format error, e.g., Multiple sentences
SI   -3    Subject matter not within scope of invention disclosed, e.g., valve
           needle is not part of inventive nozzle assembly
         
IFN  -2    Inferential claiming, e.g., "fluid tip comprising a long cylindrical
           section tapering to a short cylindrical section" in contrast to 
           "fluid tip comprising a tapered conic section"

ID   -2    Improper dependency

CN   -2    Claim number misnumbered, improper, or missing. Rule 75f.
MD   -2    Misdescription

DI   -2    Double inclusion
FAIL REL  -2   Failure to interrelate or incorrectly interrelating components
IMG  -2    Improper Markush group
IML  -2    Improper Markush language
VI   -2    Vague or indefinite language
    
DIR  -2    Failure to follow directions, e.g., using means plus function
           language

NAB  -2    No antecedent basis
RN   -2    Renaming
GR   -1    Poor grammar (max deduction - 2 points)
SP   -1    Misspelling  (max deduction - 2 points)

       -------- END OF MECHANICAL SECTION --------


==========================================================              
                    =================
                    ELECTRICAL OPTION
                          1995

FINAL, GRADING GUIDELINES - MAY 1995 EXAMINATION ELECTRICAL OPTION
METHOD AND APPARATUS CLAIMS FOR SEPARATING DOLPHIN FROM TUNA

Independent Method Claim 1 (Value = 35 points;
Except as noted, max. point deduction = 32 points)

Preamble
CN -2   Claim does not begin with a capital or end with a period.
        See also multiple sentences in miscellaneous, or it begins 
        with "I claim" after the claim number.
   
CN -2   Claim number misnumbered or number missing, numbered
        improperly or "Claim 1" after "I claim".

INC -3  a) Claim preamble  fails to be directed to a method
           (although the rest of the claim is a method claim).

-1 each b) if the preamble does not mention that the method is for
        protecting dolphin, swimming with tuna, from being caught when
        the tuna are caught and other preamble errors.
        If both a) and b), or b) alone, -3 max.


Missing Method Steps
NL -5 each
  1. Identifying the 2 buoys which define the outer limits of the dolphin.
  2. Switching on the outer limit buoy oscillators.
  3. Identifying the appropriate third buoy, alternatively. -3 if only 
      INC.  
  4. Switching on the third buoy oscillator.
  5. Switching on the sine wave generator.
  6. Catching the tuna. (IN OP Omission of this step is a -15,
     see inoperative invention below.) (INF Not positively claiming
     catching the tuna (for example, claim language directed to when 
     the tuna are caught) -2, see inferential claiming below.)
  7. Switching off the sine wave generator.
  8. Switching off the three oscillators that were switched on.
     Switching on the transmitter or switching off the transmitter without
     explicitly claiming that each is a two or more step process, 
     FAIL REL -2 each step not expressly included, -4 max "on" and
     -4 max "off".


Method Step Sequence (comments referring to missing method steps, above)
WS -3 each
    Step number 1. must come first in the sequence. Steps 2. and 3. can
    be reversed.
    Step 4. must come after the third buoy is identified.
    Step 8. must come after step 7. (Crit. Iimit. deductions take precedence.)


Critical Limitations
 -5 each
   The sine wave generator must be switched on after the 3 oscillators are
   switched on.
   Catching the tuna must follow switching on the sine wave generator. 
   Step 7. must come after the tuna are caught. 
   Step 8. must come after the tuna are caught.

   The steps claimed are not active method steps, -2 each.


Failure to Follow Directions and Unnecessary Limitations
DIR -2 each
   Including steps occurring BEFORE the step the directions specified as
   the starting step, i.e., such as painting the buoys, detecting the
   tuna by sonar, deploying the net, or flying the helicopter, for example.
  
   -10 A dependent method claim.


Misdescriptive or Unsupported bv the Disclosure
MD -2 each
   Misdescribing any procedure covered by the disclosure.

SI -4 each   
   Deploying a number of buoys which is other than the range of from
   5 to 20. This includes methods deploying 3 buoys, from 3 to 20 
   buoys and/or an open ended upper limit on the number of buoys 
   (5 or more), identifying buoys other than the ones that are 
   supposed to be identified, describing phase modulation in the
   claim and other method or apparatus limitations not included in 
   the disclosure.

Miscellaneous, Claim 1
ANT -35  Claim anticipated; claim not submitted; product-by-process or Jepson
 or      claim format; or where the body of the claim is not directed to a 
DIR      method of catching tuna while protecting dolphin.
         (Exceptions to the 32 point maximum deduction limitation for
         claim 1.)
IN OP -15  Inoperative invention. No transmitter or no crystal oscillators
           claimed is an example of this deduction.

CF  -1   A claim consisting of multiple sentences.
FAIL REL   -2   Failure to or incorrectly interrelating materials, parts, 
                components and/or method steps not specifically noted above.
                -4 for turning on the drivers or turning off the drivers
                (a two step process in which the order of the steps was
                important) by claiming it as a single step.

Vl -2   Vague, unclear and/or indefinite claim language including calling a 
        single material, part, component and/or method step by two different 
        names and/or renaming a material, part, component and/or method step. 

NL -2   Steps claimed are not active method steps.

INC -2  Incomplete Inferential claiming (not positively claimed) and/or no 
        antecedent basis.

DI -2   Double inclusion

GR -1   Poor grammar, -4 max.

SP -1   Spelling error, -4 max.  


  Independent Apparatus Claim 2 (Value = 45 points;
          Except as noted, max. point deduction = 41 points) 


Preamble
CF -1  Claim does not begin with a capital or end with a period or is not in 
       independent form. see also multiple sentences under the miscellaneous 
       heading .  

CN -2  Claim number misnumbered or number missing, numbered improperly or 
       "Claim 2" rather than 2." 

INC -3 a) Claim preamble fails to be directed to apparatus (although the rest 
       of the claim is an apparatus claim).  

-1 each b) if the preamble does not mention that the apparatus is supposed  to 
           separate dolphin from tuna and other preamble errors. If both a) and 
           b) or b) alone, -3 max.  


Missing Apparatus or Omitted Functional Limitations
NL -5 each
       No solenoid switch.
       No ECU or ECU does not expressly include a demodulator. 
       No metal plates or metal plates are not spaced apart.
       No battery.
       No antenna.
       No PROM.
       No audio amplifier.
       No driver.
       The driver being submerged is missing from the claim.
       The marine battery being in the portion of the buoy that is submerged
         is missing from the claim.
       The metal plates being in the submerged portion of the buoy is missing
         from the claim.
       The antenna being buoyed above the water is missing from the claim.

NL INC -10
       Part of each buoy being underwater and part being buoyed is missing from 
       the claim.  


Failure to or incorrectly interconnecting or interrelating materials,
   parts and/or components.  
FAIL REL  -2 each
      Failure to electrically connect one terminal of the marine battery to the 
      audio amplifier, to the PROM and to the ECU. (3 possible deductions). 
      Failure to directly electrically connect the other terminal of the marine 
      battery to one of the metal plates and the audio amplifier. (2 possible 
      deductions) .  

      Failure to connect the antenna to the ECU.

      Failure to electrically couple the PROM to one terminal of the battery 
      through a solenoid switch, ECU and metal plates when the ECU receives a 
      signal at a frequency to which it is tuned. (5 possible deductions).  

      Failure to electrically couple the switch part of the solenoid and the 
      PROM in common to the other marine battery terminal. (2 possible 
      deductions) .  

      Killer whale feeding signal path from the PROM to the audio amplifier is 
      missing from the claim.  

      Killer whale feeding signal path from the audio amplifier to the driver 
      is missing from the claim.  


Failure to Follow Directions and/or Unnecessary Limitations
DIR UL -2 each
      Including portions of the transmitter in claim 2. (-2 for each of the 
      transmitter details expressly included in claim 2).  

-10    A dependent apparatus claim.

Misdescriptive or Unsupported by the Disclosure
Sl -4 each
     The number of buoys is other than the range of from 5 to 20. This includes 
     apparatus with 3 buoys, from 3 to 20 buoys and/or an open ended upper 
     limit on the number of buoys. Claiming an opening which is undefined by 
     structure and/or claiming metal plates bonded to a structure. Other 
     deductions as they occur for method or apparatus limitations claimed, but 
     not included in the disclosure.  


Miscellaneous. Claim 2
ANT -45  Method claim; claim anticipated; no claim; product-by-process or 
&        Jepson claim format; or where the body of the claim is not directed to 
DIR      an apparatus for separating tuna from dolphin. (Exceptions to the 41 
         point deduction limitation.) 

IN OP -20  Inoperative invention. No buoys claimed or the system is claimed
           without water in the claimed operating environment are examples of 
           this deduction .  

CF -1   A claim consisting of multiple sentences.

FAIL REL -2  Failure to or incorrectly interrelating materials, parts, 
             components and/or including method steps in the apparatus claim 
             not specifically noted above.  

VI -2   Vague, unclear and/or indefinite claim language including calling a 
        single material, part, component and/or method step by two different 
        names and/or renaming a material, part, component and/or method step. 
        Note there should be an AUDIO amplifier in each of the buoys in claim 2 
        and  a POWER amplifier in the transmitter of claim 3. A claimed to an 
        amplifier must identify which of these amplifiers is claimed.  

INC -2  Incomplete.


INF -2  Inferential claiming (not positively claiming) and/or no antecedent 
        basis.  

DI  -2  Double inclusion.
GR  -1  Poor grammar,   -4 max.
SP  -1  Spelling error, -4 max.




      Dependent Apparatus Claim 3 (Value = 20 points;
              Except as noted, max. point deduction = 18 points) 

Preamble
CF -1  Claim does not begin with a capital or end with a period.
CN -1  Claim number misnumbered, numbered improperly, or missing.

CN -2  Claim preamble fails to be directed to apparatus (although the rest of 
or     the claim is an apparatus claim), it fails to be dependent form, or it 
ID     is dependent on method claim 1.  


Missing Apparatus or Omitted Functional Limitations Clog
NL -2 each
     A number of crystal oscillators claimed other than 20.
     A number of crystal oscillator switches claimed other than 20.
     No sine wave generator.  
     Each oscillator frequency different from the frequency of the other 
       oscillators.  
     One and only one switch connected to each oscillator.


Failure to or incorrectly interconnecting or interrelating materials,
   Parts and/or components.

FAIL REL -2 each
     Failure to electrically connect the oscillator switches claimed to 
       the respective oscillator and/or to the modulator.  
     Failure to electrically connect the sine wave generator switch to 
       the sine wave generator.  
     Failure to electrically connect the sine wave generator switch to 
       the modulator .  
     Failure to electrically connect the modulator to the power amplifier.
     Failure to electrically connect the power amplifier to the antenna.
     Failure to provide for simulcasting 3 phase modulated signals from 
       the transmitter antenna.  


Failure to Follow Directions and/or Unnecessarv Limitations
DIR UL -2 each
    Including ships, the net or the helicopter, or further adding more 
      parts, materials and/or components described as being in the sparbuoy(s).  


Misdescriptive or Unsupported by the Disclosure
Sl -2 each
    Putting the transmitter in the buoys, for example.

Miscellaneous, Claim 3
NFL -20  The dependent claim is Not Further Limited by structural 
         limitations to the 
or DIR   transmitter beyond whatever is in independent claim 2

ANT -20  Claim anticipated; no claim; product-by-process or Jepson claim 
         format.  (Exceptions to the 1 8 point deduction limitation.) 

IN OP-10  Inoperative invention.
CF -1     A claim consisting of multiple sentences.
FAIL REL -2   Failure to or incorrectly interrelating materials, parts, 
              components and/or method steps not specifically noted 
              above.  

Vl -2   Vague, unclear and/or indefinite claim language. For example, the 
        switch for the sine wave generator not being distinguished from 
        the switches controlling the oscillators. Calling a single 
        material, part, component and/or method step by two different 
        names and/or renaming a material, part, component and/or method 
        step. Claiming an antenna in the transmitter without identifying 
        it as the second antenna or the power antenna.  

NC  -2  Incomplete.
INF -2  Inferential claiming (not positively claimed) and/or no 
        antecedent basis.

DI  -2  Double inclusion (more likely to occur in dependent claims.) 
GR  -2  Poor grammar,   -4 max.
SP  -1  Spelling error, -4 max.
DIR -2  Failure to follow directions.

             ------- END OF ELECTRICAL SECTION --------


============================================================
                      ================
                      CHEMICAL SECTION
                            1995
 
GRADING GUIDELINES - MAY 1995 EXAMINATION
CHEMICAL OPTION: HETEROAROMATIC ETHYNE COMPOUNDS


NOTE:   SCANNING AND ASCII RENDERING DOES NOT RENDER SUB AND SUPER SCRIPT 
NUMBERS CORRECTLY.   
----
Independent Claim 1 (Value = 30 points; Except as noted, max. point
deduction = 27 points)   

Preamble
DIR -2  Method of preparing heteroaromatic etllyne compounds having a formula 
        wherein Het is 2- or 3- pyrrolyl; 3-, 4- or 5- pyrazolyl; 
        or l-, 2-, 3-, 4-, 5-, 6-, or 7-indolyl 

Missing Components
MC -5  Step 1 - coupling 2-methyl-3- butyn-2-ol with an ortho halophenoxy 
       propanolamine in the presence of a palladium catalyst
       to produce an ortho 2-methyl-3-butyn-2-ol derivative of the phenoxy 
       propanolamine 

MC -5  Step 2 - treating ortho 2-methyl-3-butyn-2-ol derivative of the phenoxy 
       propanolamine with a base (selected from alkali metal hydroxide 
       or alkoxides) to produce an ethynyl compound and acetone 

MC -5  Step 3 - separating the ethynyl compound from acetone

MC -5  Step 4 - reacting the ethynyl compound with a 
       C2 - C6  alkanoic acid to produce an ester-containing ethynyl 
       compound 

MC -5  Step 5 - coupling the ester-containing ethynyl compound with a halo-Het 
       R, to produce an alkanoyl ester of a heteroaromatic ethyne compound 

MC -5  Step 6 - treating the alkanoic acid ester of a heteroaromatic ethyne 
       compound with mild alkaline hydrolysis to produce a 
       heteroaromatic ethyne compound 


Incomplete Description or Necessary Limitation
INC,NL -3 Omission of underlined limitations above; omitting reactant, e.g., a 
          base in Step 2; or omitting a condition 


Unnecessary Limitation
UL -2  Parenthetical limitation above, reciting preference, "providing" a 
       starting material 

DIR -30  Claiming a product, e.g., the heteroaromatic cthyne compounds having a 
         formula wherein Het is 2- or 3- pyrrolyl; 3-, 4- or 5- pyrazolyl;
         or l-, 2-, 3-, 4-, 5-, 6-, or 7-indolyl.  


Miscellaneous
ANT     -30  Claim anticipated by prior art
DIR,ICF -30  No claim; product-by-process or Jepson claim format, claim product 
IN OP   -15  Claim defines inoperative invention 
SI  -4       Subject matter not within scope of invention
PM  -4       Means or means plus function (per instance) 
INC -4       Referencing compound, e.g., as formula "X," and providing no 
               formula in claim 
FAIL REL -2  Failure to interrelate or incorrect interrelation of steps, 
               components or materials 
MD  -2       Misdescription, e.g., formula incorrect regarding a substitutent, 
               omission of Ym from reagents, referenced formula missing 
VI  -2       Vague and Indefinite
NAB,INF  -2  No antecedent basis; inferential claiming
RN  -2       Renaming compounds, reagents 
IMG,IML  -2  Improper Markush group; Improper Markush language 
DIR  -2      Failure to follow directions 
ID -2   Improper claim dependency, e.g., on following claim; improper 
          manner of providing for claim to be dependent on another claim 
GR -1   Poor grammar (max. deduction = 4 points)
DI -2   Double inclusion
WS -2   Wrong sequence of steps if total method is not inoperative to produce 
          product 
CF -1   Multiple sentences; does not begin with capital letter; "I (or we) 
          claim..." after claim # 
INC,NL -1  Omits number of carbons of particular alkyd alkoxy, or other 
             group(max. deduction = 4 points) 
SP -1   Misspelling (max. deduction = 4 points)
CN -1   Claim numbering missing, erroneous number, or Roman numerals



Independent Claim 2 (Value = 30 points; Except as noted, max. point 
deduction = 27 points)     


Preamble
DIR -2  Method of preparing heteroaromatic ethyne compounds having a formula 
        wherein Het is 2-pyridinyl or 2-pyrimidinyl, R1 is selected from the 
        group consisting of H, dimethylamino, and ethoxy, Y is methoxy or 
        carboxamidomethyl, m is 1 or 2, and R2 t-butyl, isobutyl or 3-hexyl.  


Missing ComPonents

MC -5  Step 1 - reacting sodium hydride or sodium hydroxide with a 
                phenol to generate a phenolate anion 

MC -5  Step 2 - reacting the phenolate anion with bromine or iodine in 
                an inert solvent at -40 C to 50 C. to produce an ortho bromo or 
                ortho iodophenol 

MC -5  Step 3 - alkylating the ortho bromo or ortho iodophenol with 
                epichlorohydrin in the presence of a base and in a solvent (at 
                ambient temperature or elevated temperatures, e.g., 25 C to 
                125 C.) to produce an epoxide 

MC -5  Step 4 - reacting the epoxide with a primary amine, R2NH2, in a 
                lower alkanol or dipolar aprotic solvent at 35 C to 150 C. to 
                produce an ortho halophenoxy propanolamine 
                                                                          
MC -5  Step 5 - coupling the ortho halophenoxy propanolamine with a 
                heteroaromatic ethyne, R1(Het)C=_CH, in a dipolar aprotic 
                solvent, at ambient temperatures, and in the presence of 
                tetrakis(triphenylphosphine)palladium and copper (I) iodide to 
                produce the heteroaromatic ethyne compound 


Incomplete Description or Necessary Limitation
INC,NL -3   Omission of underlined limitations above; omitting reactant,
            e.g., a epichlorohydrin in Step 3; or omitting a condition, e.g., 
            inert solvent at 40 C to 50 C. in step 2.  


Unnecessary Limitation
UL -2    Parenthetical limitation above, reciting preference, "providing" a 
         starting material 

DIR -30  Claiming a product, e.g., the heteroaromatic ethyne compounds having a 
         formula wherein Het is 2-pyridinyl or 2-pyrimidinyl


    Claim 2, Cont.

Miscellaneous
ANT  -30      Claim anticipated by prior art
DIR,ICF -30   No claim; product-by-process or Jepson claim format, claim 
                compounds 
IN OP  -15    Claim defines inoperative invention
Sl -4         Subject matter not within scope of invention 
PM  -4        Means or means plus function (per instance)
INC -4        Referencing compound, 
                e.g., as formula "X," and providing no formula in claim 
FAIL REL  -2  Failure to interrelate or incorrect interrelation of steps, 
                components or materials 
MD  -2        Misdescription, e.g., formula incorrect regarding a substitutent, 
                omission of Ym from reagents, referenced formula missing 
VI  -2        Vague and Indefinite 
NAB;INF -2    No antecedent basis; inferential claiming 
RN  -2        Renaming compounds, reagents 
IMG,IML -2    Improper Markush group; Improper Markush language 
DIR -2        Failure to follow directions 
ID  -2        Improper claim dependency, e.g., on following claim; improper 
                manner of providing for claim to be dependent on another claim 
GR  -1        Poor grammar  (max. deduction = 4 points)
DI  -2        Double inclusion
WS  -2        Wrong sequence of steps if total method is not inoperative to 
                produce product 
CF  -1        Multiple sentences; does not begin with capital LETTER; "I (or 
                we) claim..." after claim # 
INC,NL  -1    Omits number of carbons of particular alkyd alkoxy, or other 
                group     (max. deduction = 4 points) 
SP  -1        Misspelling (max. deduction = 4 points) 
CN  -1        Claim numbering missing, erroneous number, or Roman numerals 




 Independent Claim 3 (Value = 20 points; Except as noted, max. point
 deduction =  18 points)    

Preamble
DIR -2   A heteroaromatic ethyne compound

    
Necessary Limitations
NL -5   Formula I but must exclude compounds where Het is furanyl or thienyl; 
        limit alkyl moieties in R1 and Y are straight or branched, not cyclic; 
        limit alkyl moieties in R2 to having the alpha carbon to being 
        branched.  


Unnecessary Limitation
UL -20  Process of making or using the heteroaromatic ethyne compounds

UL -1   excluding compounds wherein R1 is selected from the group consisting of 
        H. chloro, fluoro, C1-C6 alkyl, C1-C6 alkoxy, C1-C6 alkylthio, C1-C6 
        alkoxycarbonyl, and C1-C6 dialkylamino; Het is pyridinyl, pyrrolyl; 
        pyrazolyl; isoxazolyl; pyrimidinyl; indolyl; quinolyl; or isoquinolyl; 
        Y is H. chloro, bromo, fluoro, C1-C6 alkyl, C1-C6 alkoxy, C1-C6 
        alkoxyalkyl, or C1-C6 carboxamidoalkyl; m is 1 or 2; or R2 is a C3-C7 
        alkyl having the alpha carbon to the nitrogen being branched; -- 
        reciting preference.  


Miscellaneous
ANT      -20   Claim anticipated by prior art
DIR, ICF -20   No claim; product-by-process or Jepson claim format, process 
                 claim 
IN OP    -10   Claim defines inoperative invention  
SI       -4    Subject matter not within scope of invention 
PM       -4    Means or means plus function (per instance) 
INC      -4    Referencing compound, e.g., as formula "X," and providing no 
                 formula in claim 
FAIL REL -2    Failure to interrelate or incorrect interrelation of components 
                 or materials 
MD       -2    Misdescription, e.g., formula incorrect regarding a 
                 substitutent, referenced formula missing 
VI       -2    Vague and Indefinite
NAB, INF -2    No antecedent basis; inferential claiming 
RN       -2    Renaming compounds, reagents
IMG,IML  -2    Improper Markush group; Improper Markush language
DIR      -2    Failure to follow directions 
ID       -2    Improper claim dependency, e.g., on folloiwng claim; improper 
                  manner of providing for claim to be dependent on another 
                  claim 
DI       -2    Double inclusion
CF       -1    Multiple sentences; does not begin with capital letter; "i (or 
                  we) claim..." after claim #.  
INC,NL   -10   Omits number of carbons of particular alkyl, alkoxy, or other 
                  group (max. deduction = 4 points) 
GR       -1    Poor grammar (max. deduction = 4 points)
SP       -1    Misspelling  (max. deduction = 4 points)
CN       -1    Claim numbering missing, erroneous number, or Roman numerals


Independent or Dependent Claim 4 (Value = 20 points; Except as noted, max. 
point deduction = 18 points)    

Preamble
DIR -2   A method for controlling hypertension or angina using a heteroaromatic 
         ethyne compound 


Necessary Limitations
NL -3    Alkyl moieties in R1 and Y are straight or branched, not cyclic; 
         limit alkyl moieties in R2 to having the alpha carbon to being 
         branched "Comprising controlling hypertension or angina;" 1-2000 mg. 
         amount 


Unnecessary Limitation
UL -20   Claiming a process of making the ethyne compounds; composition

UL -1    Obtaining, acquiring, or preparing the compounds; a specific dosage or 
         dosage range; specifying one or more manners of administering the 
         compounds parenterally or orally; specifying one or more diluents or 
         carriers; perference; specifying host, such as human; exclusion
         of Het = thienyl; exclusion of Het = furanyl.  


Miscellaneous
ANT      -20  Claim anticipated by prior art
DIR, ICF -20  No claim; product-by-process or Jepson claim format, composition 
IN OP    -10  Claim defines inoperative invention 
VI,SI    -10  Does not particularly point out heteroaromatic ethyne compounds
SI  -4    Subject matter not within scope of invention 
PM  -4    Means or means plus function (per instance) 
FAIL REL -2   Failure to interrelate or incorrect interrelation of components 
               or materials 
MD   -2   Misdescription, e.g., formula incorrect regarding a substitutent, 
            referenced formula missing 
VI   -2   Vague and Indefinite 
NAB; INF  -2  No antecedent basis; inferential claiming 
RN   -2   Renaming compounds, reagents Improper 
IMG;IML   -2  Markush group; Improper Markush language 
DIR  -2   Failure to follow directions 
ID   -2   Improper manner of providing for claim to be dependent on another 
           claim
DI   -2   Double inclusion
CF   -1   Multiple sentences; does not begin with capital letter; "i (or we) 
           claim..." after claim #.  
UL   -1   Unnecessary limitation, e.g., specifies administration mode, dosage 
           range, vehicle for administration 
INC,NL - 1   Omits number of carbons of particular alkyd alkoxy, 
               or other group (max. deduction = 4 points)
GR   -1   Poor grammar (max. deduction = 4 points)
SP   -1   Misspelling  (max. deduction = 4 points)
CN   -1   Claim numbering missing,  erroneous number, or Roman numerals  


       [[[[ ARE THE FOLLOWING APPLICABLE TO ALL OPTIONS OR ONLY
            THE CHEMICAL OPTION??? ]]]]]  ed.

       [[[[ this is interesting ----  the remedy for some PTO error is in
            these rules, but held secret.  Also, the OED cannot spell beans, 
            but will hit you for being a bad speller.   ]]]]] ed.


Re: Misspelled Words. If any word is repeatedly misspelled in a claim, deduct 
a point only once for the misspelling (-2SP), but note each occasion it is 
misspelled in the claim by marking SP. The same error in another claim warrants 
another deduction.  

With regard to spelling and grammar only, a dependent claim is graded for what 
it recites, not what it incorporates .  

Mark each misspelling (SP) and grammatical error (GR) in a claim, but take off 
points only for the first 4 different occasions of misspelling or grammatical 
error. Mark deductions beyond 4 with parentheses ( ) 

If the total points deducted exceeds the maximum permitted, write at the end of 
the claim "Maximum deduction _____ taken." 

Except as noted, if something constitutes a number of different errors and the 
value of the deductions is the same or different, the deducted points should be 
more than that maximum deduction for the higher value deduction, but less than 
the sum of the deductions for all errors. E.g., a -4 and -2 should be -5; and a 
-2 and -2 should be -3. Exception: a -1 and -1 should be -2; and a -1 and -2 
should be -3.  

NONEXHAUSTIVE EXAMPLES OF ERRORS: 

Subject matter not within scope of invention
     * Adding step to process, e.g., supplying or providing reagent.

Claim defines inoperative invention
     * Omits a process step

Failure to interrelate or incorrect interrelation of components or materials 
     * places heterocyclic ring between benzene ring and ethyne unit
     * substituents are in meta or para position relationship, as opposed to
         ortho relationship

Misdescription, e.g., formula incorrect regarding a substituent
     * missing carbon from ethyne unit
     * missing Ym from reagents (though in final product)
     * each formula is graded for what it does and does not show, each error is 
        independent of errors in other drawn formulas since each formula in a 
        claim is to a different compound 

No antecedent basis
     * "said compound" when no such compound was previously recited

Inferential Claiming
     * a "reacted" compound - infers that something has occurred, did not
           positively recite the event or thing

Improper Markush language
     * "a member selected from the group comprising..."
     * "a member selected from the group consisting of ... or..."
     * "R is ... and ..."

Improper Markush group
     * Combining reagents and solvent into a Markush group

Failure to follow directions
     * Adding steps to process, e.g., supplying reagent
     * Starting process with wrong reagents

Improper manner of providing for claim to be dependent on another claim
     * Beginning claim with "using said compound" or "using said process"
     * Dependent on following claim
     * Improper multiple claim dependency.


===========================================================
                  ================
                  
                  ABBREVIATION KEY
                       1995

ANT    Anticipated claim - Claim anticipated by the prior art

CF     Claim format error - Does not begin With a capital letter, comprise a
       single sentence, or has errors in the preamble regarding placing 
       "I (or we) claim" after claim number or referring to wrong elements

CN     Claim number misnumbered, Improper, or missing - it the dependency
       is Incorrect, use ID Instead

DI     Double Inclusion

FAIL REL   Failure to or Incorrectly Interconnecting or interrelating
           materials, parts, and/or components

DIR    Failure to follow directions - be specific

GR     Grammatical or punctuation error (other than CF)

ICF    Improper claim format ie, Jepson

ID     Improper dependency (other than CN)

INF    Inferentially claimed (not positively Claimed)

IN OP  Inoperative Invention - as to the claim as a whole

ILLEG  Claim language is Illegible - no credit it unreadable;
       must confer with everyone before doing such

IMG    Improper Markush group

IML    Improper Markush language

INC    Incomplete material, part, component, or method step

MC     Missing component

MD     Misdescriptive

MPEP   Claim language contrary, objectionable, or rejectable for 
       any other reason expressed in the MPEP - cite which section 
       of MPEP is being applied

NAB    No antecedent basis

NC     No claim - deduction is total amount for claim

NL     Omission of a necessary limitation

PM     Using prohibited means or means plus function language - see
       specific discipline sheet for amount of point deduction

RN     Renaming components, parts, materials, or procedures

SI     Subject matter not within scope of Invention or claiming 
       undisclosed subject matter Including, it applicable, 
       undisclosed method limitations

SP     Spelling error

UL     Unnecessary Limitation

VI     Vague, unclear or Indefinite language

WS     Claiming method limitations in the wrong sequence, 
       but does not render claim inoperative

        END -- GENERAL ABBREVIATIONS.  ALL OPTIONS 

                ----  END OF 1995 DOCUMENT ---

======================================================================

                       GRADING GUIDELINES
                  AUGUST 28, 1996 EXAMINATION

         MECHANICAL, ELECTRICAL, AND CHEMICAL OPTIONS 

UNPUBLISHED GRADER'S GUIDES FROM THE PTO FOR THE PATENT BAR EXAMINATION
OF AUGUST 28, 1996.


These files are derived from documents obtained from the PTO the

The documents were scanned, then converted to ASCII by Optical Character 
Recognition programs.  Finally, a manual edit removed the many errors 
created by the conversion.  There may still be errors.  If you find any, 
please notify me and I will confirm and correct.

Scanning and conversion often interprets a 1 (one) as an l (lc L).
Subscripts are not shown as subscripts.  ie, they are full size.       
Comas and periods may be confused.

The original documents had points of interest underlined.  Underlining 
has been lost.  However, those underlined portions within the criteria 
have manually been marked with U and /U inside HTML pointy brackets, 
which are the html command codes for underlining.  Viewing/printing
this file with a web browser should (may) properly underline the words.  
Underlining of headers has not been so marked, so uninformative 
underlining has been lost.  


If you need to know the underlining, I can fax them to you or insert
UL or Bold  printer commands, where useful, into the text. 
 (not all underlinings confer additional information.)

KEY:
-4 = lose 4 points if your answer is not as indicated.

===================================================================
===================================================================
August 28, 1996

Mechanical Option - Champagne Bottle Cork Puller and Inserting Apparatus

Independent Claim 1 (Maximum point deduction - 36 Points)

Preamble

   PR -4   Device for removing and inserting a bottle cork. The term 
Champagne need not be recited. Deduct -2 points if only one action 
recited, i.e., "removing" or "inserting".  



Missing Components/Necessary Limitations 

   NL -3   Single piece construction [OBJECTS] 

   NL -3   Made of resilient material [OBJECTS] 
 
   NL -3  Configured as a semi-cylindrical shaped shell [OBJECTS] 
   
   NL -2   . Annular groove [OBJECTS] 

   NL -1   . . Slightly smaller than a bottle spout rim [OBJECTS] 

   NL -1   . . Adapted to frictionally fit around the spout rim [OBJECTS]   

   NL -2   . Longitudinal slot [CRITICAL] 

   MC -10  Cork engager [OBJECTS] 

   NL -3   Wall defining a lateral opening large enough to receive a 
bulbous portion of a bottle cork [CRITICAL] (deduct -1 point if size 
omitted) 

   NL -3   Wall terminating in a ridge defining a base opening large 
enough to receive a stem portion of a bottle cork but not the bulbous 
portion [CRITICAL] (deduct -1 point if size omitted) 

   NL -3   Pin [CRITICAL] 

   MC -10  Raising and lowering device [OBJECTS] 
    
                      Page M1, August 1996 


Miscellaneous

   ICF  -40   Improper claim format, e. g., Method claim or Jepson claim 
(EXCEPTION TO MAXIMUM -36 POINT DEDUCTION) 

   ANT  -40   Claim anticipated by the prior art (EXCEPTION TO MAXIMUM 36 
POINT DEDUCTION) 

   NC   -40   No claim (EXCEPTION TO MAXIMUM -36 POINT DEDUCTION) 
   
   INOP -20   Claim defines an inoperative invention 

   SI   -4    Subject matter not with scope of invention, e.g., cork, 
   bottle.  

   DIR  -2, varies    Failure to follow directions.  

   CF   -2    Claim format error, e.g., multiple sentences (Max deduction 
   -2 points) 

   INF  -2    Inferential claiming - using a word form other than a noun 
where an element or component is required to be positively recited, e.g., 
"a cork engager pinned to the shell" rather than a "cork engager
 having a pin which is slidably movable within a longitudinal slot formed
 in the shell. " 

   CN   -2    Claim number misnumbered, improper, or missing.  

   MD   -2    Misdescription 

   DI   -2    Double inclusion 

   FAIL REL  -2  Failure to interrelate or incorrectly interrelating 
   components 

   VI   -2    Vague or indefinite language 

   NAB  -2    No antecedent basis 

   RN   -2    Renaming components 

   UL   -2    Unnecessary limitation 

   GR   -1    Improper grammar (maximum deduction - 4 points) 

   SP   -1    Misspelling (maximum deduction- 4 points) 

                           Page M2, August 1996 
              


Dependent claims (Maximum Point deduction per claim - 18 points)

Claim 2

Preamble

   PR  -3   A device according to claim 1 (only if claim 1 has a proper 
preamble) Missing Components 

   MC  -4    Screw
 
   MC  -4    Handle
 
   MC  -4    Bolt (fixedly attaching handle to an upper end of screw)

   MC  -4    Bolt (rotatably mounting cork engager to a lower end of 
screw) 


Claim 3

Preamble

    PR  -6   Not written in multiple dependent language

    PR  -3   Written in multiple dependent language, but in improper form 
(only if  claim 1 has a proper preamble) 

    Proper multiple dependent language
                A device according to claim 1 or claim 2
                                      claim(s) 1 or 2
                                      any of claims 1-2
                                      one of claims 1-2
                                      any (one) of the preceding claims
                                      any preceding claim

    
 Missing components

    MC  -4   Resilient body material is plastic

    MC  -4   Internally threaded hub (deduct -1 pt if "internally 
threaded" omitted) 

    MC  -4   Outer rib formed along an outer surface of body adjacent the 
annular groove for reinforcement 

                            Page M3, August 1996


Claim 4

Preamble  

   PR   -3   A device according to claim ____ (only if claim ___ has a 
proper preamble) 



Missing Components

   MC   -4   Handle is elongated

   NIC  -4   Handle has axial cavity with rectangular cross-section 
(deduct -I point if rectangular cross-section omitted) which mates with 
upper portion of screw 

   MC   -4   Handle comprises a pair of levers extending an equal 
distance transversely of the axial cavity and defining the ends of the 
handle 

   MC   -4   Handle has an upper surface which is provided with a recess 
coaxial with the axial cavity, the recess being adapted to receive a head 
of said first bolt 

   MC   -4   Handle includes a recess for reducing weight and material 
cost formed between the axial cavity and each end of the handle 



Claims 2, 3, and 4


Miscellaneous

   lNF  -20 Improper claim format, e.g., Method claim or Jepson claim 
(EXCEPTION TO MAXIMUM -18 POINT DEDUCTION) 

   ANT  -20 Claim anticipated by prior art (EXCEPTION TO MAXIMUM -18 
POINT DEDUCTION) 

   NC   -20 No claim (EXCEPTION TO MAXIMUM -18 POINT DEDUCTION)

   INOP -10 Inoperative invention

   SI   -3  Subject matter not within the scope of the disclosed 
invention 

   INF  -2  Inferential claiming, see example for claim 1

   ID   -2  Improper dependency

                            PAGE M4, AUGUST 1996



   CN  -2  Claim number misnumbered, improper, or missing. Rule 75f.

   IBID  -2  Misdescription

   Dl    -2  double inclusion

   FAIL, REL  -2 failure to interrelate or incorrectly interrelating 
components 
   
   VI    -2  Vague and indefinite language

   DIR   -2  Failure to follow directions, e.g., using means plus 
function language 

   NAB   -2  No antecedent basis

   RN    -2  Renaming component

   GR    -1  Improper grammar (maximum deduction -2 points)

   SP    -1  Misspelling (maximum deduction -2 points)

   CF    -1  Claim format error, e.g., multiple sentences

                        Page M5, August 1996

               -----  end of mechanical option  -----
======================================================================= 
August 28, 1996.

ELECTRICAL OPTION: SYSTEM FOR LASER DRILLING AND MAGNETIC FLUX
BREAKTHROUGH DETECTION

Independent Claim 1: Value 38 points, maximum deduction (except as noted)
 35 points.  


Preamble

  PR  -4  A system for laser drilling and magnetic flux breakthrough 
detection comprising (-2 for each half of preamble) 
 


Missing Components 

  MC  -6  a laser source for generating a laser beam for drilling a hole 
through a front surface of a workpiece and generating a plasma; 

  MC  -6  a magnetic field pick-up coil concentric to said laser 
 beam and adjacent to the front surface of said workpiece for 
 sensing a magnetic field change in said plasma; 

  MC  -6  a side magnetic field pick-up coil located to a side of said 
laser beam for sensing the magnetic field change; 

  MC  -6  a real-time breakthrough detection circuit (or system) 
electrically connected to said concentric and side magnetic field
 pick-up coils  which receives a laser-on signal for detecting
 laser breakthrough of the workpiece and produces a laser breakthrough
 signal in response to said magnetic field change and said laser-on 
 signal;  and 

  MC  -6  a laser control electrically connected to said real-time 
breakthrough detection circuit and to said laser source for turning off 
said laser source in response to said laser breakthrough signal.  



Incomplete Description or Necessary Limitation 

  INC, NL     -5  Each omission of underlined limitations above, failure 
to interconnect elements, and failure to include function with an element 

  FAIL, REL   -3  Failure to interrelate or incorrect interrelation of 
components or materials 

                                 page E1 1996 



Unnecessary Limitations 

  UL  -2   Claiming workpiece as element, reciting plasma-detect signal, 
data logger, or application point control 

  DIR -38  Claiming a method or process 

  UL  -2   Reciting components used to produce the laser-on signal or 
internal structure of breakthrough detector circuit 

  UL  -2   Reciting a method limitation 
  
  
  
Miscellaneous              
  
  ANT  -38   Claim anticipated by the prior art 

  DIR, ICF   -38  No claim; Jepson claim format 
  
  INOP       -19  Claim defines inoperative invention 
  
  SI         -4   Subject matter not within scope of invention 
  
  PM         -4   Means or means plus function language (per instance) 
  
  MD         -2   Misdescription 
  
  VI         -2   Vague and indefinite 
  
  NAB, INF   -2   No antecedent basis, inferential claiming 
  
  RN         -2   Renaming components 
  
  DIR        -2, varies      Failure to follow directions 
  
  DI         -2   Double inclusion 
  
  GR         -1   Improper grammar (maximum deduction 4) 
   
  CF         -1   Multiple sentences; does not begin with capital letter; 
  "I (or we) claim"  before claim number 

  SP         -1   Misspelling (maximum deduction 4) 

  CN         -1   Claim number missing, wrong, written ("one"), or in 
Roman numerals 


                          Page E2, August 1996 



Dependent Claim 2: Value 38 points, maximum deduction (except as noted) 
35 points 



Preamble 
  
   PR  -4     2. The system for laser drilling and magnetic flux 
breakthrough detection of claim 1, wherein said real-time breakthrough 
detection circuit comprises: 
  


Missing Components 

   MC  -4   a first amplifier electrically connected to said concentric 
magnetic field pick-up coil; 

   MC  -4   a second amplifier electrically connected to said side 
magnetic field pick-up coil; 

   MC  -4   a first full-wave rectifier electrically connected to said 
   first amplifier for producing a first rectified voltage signal; 

   MC  -4   a second full-wave rectifier electrically connected to said 
   second amplifier for producing a second rectified voltage signal; 

   MC  -4   first and second reference voltage inputs; 

   MC  -4   a first comparator having inputs connected to said first 
fullwave rectifier and said first reference voltage input for 
generating a first logic true output when said first rectified voltage 
signal is lower than said first reference voltage; 

   MC  -4   a second comparator having inputs connected to said second 
full-wave rectifier and said second reference voltage input for 
generating a second logic true output when said second rectified 
voltage signal is lower than said second reference voltage; 
  
   MC  -4   a first AND gate having inputs electrically connected to said 
first and second comparators and having an output; 
 
   MC  -4   a delay line receiving said laser-on signal as an input for 
generating a delayed laser-on signal; and 


                          PAGE E3, AUG 1996 


   MC   -4  a second AND gate having three inputs, one of said inputs 
receiving said output of said first AND gate, and the other two of 
said inputs receiving said laser-on signal and said delayed laser-on 
signal, respectively, for generating said breakthrough signal.  



Incomplete Description or Necessary Limitation 

   INC. NL  -3  Each failure to specify both first and second reference 
voltage inputs (see underlining above), and failure to include 
function with an element 



Unnecessary Limitations 

   UL  -2   Reciting plasma-detect signal or components used to produce 
plasma-detect signal 

   UL  -2   Reciting a method limitation 

   DIR -38  Claiming a method or process 
  
   DIR -3   Reciting independent claim 



Miscellaneous 

   ANT      -38  Claim  anticipated by the prior art 

   DIR,ICF  -38  No claim; Jepson claim format 

   INOP     -19  Claim defines inoperative invention 

   SI       -4   Subject matter not within scope of invention 

   PM       -4   Means or means plus function language (per instance) 

   FAIL REL -3   Failure to interrelate or incorrect interrelation of 
components and materials 

   MD       -2   Misdescription 
 
   VI       -2   Vague and indefinite 
 
   NAB, INF -2   No antecedent basis, inferential claiming 
 
   RN       -2   Renaming components, process steps 
   
   DIR      -2, varies  Failure to follow directions.  

                         Page E4,  1996 


           
   ID  -2       Improper claim dependency 

   DI  -2       Double inclusion 

   GR  -1       Improper grammar (maximum deduction 4) 

   CF  -l       Multiple sentences; does not begin with capital letter 

   SP  -1       Misspelling (maximum deduction 4) 

   CN  -1       Claim number missing, wrong, written ("Two"), or in Roman 
numerals 


Dependent Claim 3: Value 24 points, maximum deduction (except as noted) 
21 points 

Preamble 

   PR     - 6     3. The system for laser drilling and magnetic flux 
breakthrough detection of claim 1 or claim 2, further comprising: 

   PR     - 6     Not written in multiple dependent form 

                                                       
Missing Components 

   MC     - 8     a photodetector adjacent to said laser source
 for sensing said laser beam and generating a photodetector signal; and 

   MC     - 8     a threshold circuit electrically connected to said 
photodetector for generating said laser-on signal in response to said 
photodetector signal.  
                                                                            

Incomplete Description or Necessary Limitation                       

   INC, NL   -3      Omission of underlined limitations above, failure to 
include function with an element 

   FAIL REL  -3      Failure to interrelate or incorrect interrelation of 
components and materials 


                         page E5,  AUGUST 1996



Unnecessary Limitations 

   DIR  -24  Claiming a method or process 
    
   DIR  -3   Reciting independent claim 
   
   UL   -2   Reciting a method limitation 



Miscellaneous 

   ANT     -24  Claim anticipated by the prior art 

   DIR,ICF -24  No claim; Jepson claim format 

   INOP    -24  Claim defines inoperative invention 

   SI      -3   Subject matter not within scope of invention 
   
   PM      -3   Means or means plus function language (per instance) 

   MD      -2   Misdescription 

   VI      -2   Vague and indefinite 

   NAB,INF -2   No antecedent basis, inferential claiming 

   RN      -2   Renaming components, process steps 
 
   DIR     -2   Failure to follow directions 

   ID      -2   Improper claim dependency 

   DI      -2   Double inclusion 

   GR      -1   Improper grammar (maximum deduction -3) 

   CF      -1   Multiple sentences; does not begin with capital letter 

   SP      -1   Misspelling (maximum deduction -3) 

   CN      -1  Claim number missing, wrongs written (three"), or in Roman 
numerals 

                           PAGE E6, 1996
                 ---- END OF ELECTRICAL OPTION ---

========================================================================


                   GRADING GUIDELINES

CHEMICAL OPTION: HETEROCYCLIC SUBSTITUTED 2-ACYLAMINO-5 THIAZOLES


Independent Claim 1: Value 25 points. maximum deduction (except as noted) 
22 points 


Preamble    

   PR   -3   Method of preparing 2-acylamino-5-thiazoles wherein R1 is 
methyl, ethyl, propyl or phenyl; R4 is phenyl or fluorophenyl; m is 1 to 
3, and Z is indolyl 


Missing Components

   MC   -4   Step 1 - reacting a ketochloride  with sodium iodide
   in the presence of dirnethyl ketone  to produce a ketoiodide 

   MC   -4   Step 2 - reacting the ketoiodide with a  potassium or cesium 
carboxylate to produce a ketoester 

   MC   -4   Step 3 - reacting the ketoester with bromine to produce an 
alpha-bromoketoester 

   MC   -4   Step 4 - reacting the alpha-bromoketoester with thiourea
 (in the presence of a conventional solvent such as an alkanol) to produce a 
 2-amino-5-thiazole 

   MC   -4   Step 5 - acylating the 2-amino-5-thiazole with an indole 
carboxylic acid in the presence of a base  (such as triethylamine 
and piperidine) 



Incomplete Description or Necessary Limitation

   WP   -5   Wrong product

   INC ,NL -3  Omission of underlined limitations in step 1 or step 5, 
omitting reactant, dimethylketone in step 1 or base in step 5 


   INC,NL  -1  Omits number of carbons of particular alkyd alkoxy, 
cycloalkyl, or other group (max deduction = 4 pts) 
 
                          Page C1, August 1996



Unnecessary Limitation

   UL   -2  Parenthetical limitation, reacting preference, "providing" a 
starting material. reciting conventional solvent 


   DIR  -25  Claiming a product. as opposed to a process



Independent Claim 2: Value 25 points, maximum deduction (except as noted) 
22 points 


Preamble

   PR   -3   Method of preparing a 2-acylamino-5-thiazole wherein Z is 
indolyl, R1 is -CH3 or -C2H5, R5 is phenyl or 2-aminophenyl, and m is 1 
or 2 



Missing Components

   MC  -4   Step l - reacting a ketoester with bromine in the presence 
 of cupric bromide in an organic solvent  to produce an 
alpha-bromoketoester compound 

   MC  -4  Step 2 - reacting the alpha-bromoketoester with thiourea (in 
the presence of a conventional solvent, such as ethanol or propanol) to 
produce a 2-amino-5-thiazole compound (includes failure to relate) 



   MC  -4  Step 3 - reducing the 2-amino-5-thiazole compound with an 
alkali metal hydride in an aprotic solvent to produce a 
2-amino-5-hydroxyalkyl-thiazole compound 


   MC  -4  Step 4 - acylating the 2-amino-5-hydroxyalkyl with 
indol carbolic acid in the presence of a base to produce a 
2-acylamino-5-hydroxyalkyl-thiazole compound 

   MC  -4  Step 5 - reacting the 2-acylamino-5-hydroxy-alkylthiazole 
compound with an isocyanate in an aprotic solvent at 20 C to 100 C
 to produce a thiazole compound of formula (I) 



Incomplete Description or Necessary Limitation

   WP  -5   Wrong product

   INC ,NL  -3  Omission of underlined limitation above, omitting 
reactant. e.g., thiourea (step 2); or omitting a condition, e.g., a base 
in step 4, aprotic solvent at 20 C to 100 C in step 5 

                     Page C2, August 1996

  

   INC, NL - 1   Omits number of carbons of particular alkyd alkoxy, 
cycloalkyl or other group (max. deduction = 4 points) 


Unnecessary Limitations

   UL  -2  Parenthetical limitations above, reciting preference. 
"providing" a starting material, reciting conventional solvent 

   DIR  -25  Claiming a product, e.g., a 2-acylamino-5-thiazole wherein Z 
is indolyl, R1 is methyl or ethyl, R4 is phenyl or aminophenyl, and m is 
1 or 2 




Independent Claim 3: Value 25 points, maximum deduction (except as noted) 
22 points 

Preamble 

   PR  -3   Method of preparing 2-acylamino compounds wherein Z 
represents indolyl, isoindolyl, benzimidazolyl, quinolyl, isoquinolyl, 
benzoxazolyl, benzofuranyl, benzothiazolyl; R1 represents C1-C5 alkyd 
cyclohexyl, phenyl, and substituted phenyl wherein the substituent is 
halogen, C1-C3 alkyd C1-C3 alkoxy, nitro, amino, hydroxy and 
trifluoromethyl; R4 represents C3-C7 cycloalkyl, substituted cycloalkyl. 
phenyl and substituted phenyl wherein the substituent is halogen, C1-C8 
alkyd C1-C3 alkoxy, C1-C3 alkylthio, nitro, amino, and trifluoromethyl 

   MC  -4  Step 1 - reacting a  ketoiodide with a thiol
 to produce a ketothioether 

   MC  -4  Step 2 - reacting the ketothioether with bromine to produce an 
alpha-bromoketothioether 

   MC  -4  Step 3 - reacting the alpha-bromoketothioether with
 thiourea (in the presence of a conventional solvent, such as an
 alkanol) to produce a 2-amino-5-thiazole compound 

   MC  -4  Step 4 - acylating the 2-amino-5-thiazole with Z-CO-OH 
in the presence of a base  (such as pyridine or trimethylamine) 


Incomplete Description or Necessary Limitation 

   WP  -5  Wrong product 

   INC ,NL  -3  Omission of underlined limitations above; omitting 
reactant,e.g., the thiol in step 1; urea in step :3; base in step 4 

                          Page C3, August 1996 



   INC, NL -1  Omits number of carbons of particular alkyl, alkoxy.  
cycloalkyl or other group (max. deduction = 4 points) 


Unnecessary limitations 

   UL -2  Parenthetical limitations above, referring to something as 
being preferred, "providing" a starting material, reciting conventional 
solvent, or reacting a ketochloride with sodium iodide to produce a 
ketoiodide.  

   DIR  -25  Claiming a product, e.g., a 2-acylamino-5-thiazole 
wherein Z represents indolyl, isoindolyl, benzimidazolyl, quinolyl 
isoquinolyl, benzoxazolyl, benzofuranyl, benzothiazolyl: R4 represents 
C3-C7 cycloalkyl, substituted cycloalkyl. phenyl, substituted phenyl, 
wherein the substituent is C1-C8 alkyl, halogen, C1-C3 alkoxy, C1-C3 
alkylthio, nitro, amino, and trifluoromethyl 



Independent Claim 4: Value 25 points, maximum deduction (except as noted) 
22 points 

Preamble 

   PR -3  A heterocyclic substituted 2-acylamino-5-thiazole compound 


Necessary limitation 

   WP -10  Wrong product 

   NL -5   Formula (I) must either exclude compounds where Z is 
benzimidazolyl, benzofuranyl and benzoxazolyl (b/c otherwise anticipation 
by the prior art), or include all heteros and add a proviso excluding Z 
as foregoing heteros when R4 and R5 are certain moieties.  

           

Unnecessary Limitations 

   UL -20   Process of making or using the thiazole compound 

   UL -2    Excluding compounds where Z is quinolyl, indolyl, isoindolyl, 
isoquinolyl, benzothiazolyl 

   UL -2    Excluding compounds where R4 represents C3-C7 cycloalkyl, 
substituted C3-C7 cycloalkyl, phenyl, substituted phenyl wherein the 
substitutent is halogen, C1-C3 alkyl, C1-C3 alkoxy, nitro, amino, hydroxy 
and trifluoromethyl 

                        Page C4, August 1996 




   UL  -2  Excluding compounds wherein R5 represents C1-C5 alkoxy, 
pyridinyl, pyrrolyl, piperazinyl, -(CH2)m-X wherein m is 0 to 5 and X is 
bromo, hydroxy, C3-C7 cycloalkyl, phenyl, substituted phenyl, -COOH, COOR1, -OCOR1, -COR1, -S-R1, -CO-NR1R2, -S-cyclohexyl. -NR1R2, and -OCOO-R1, wherein R1 and R2 are Cl-C5 alkyl, phenyl and substituted phenyl. 
wherein the substituent is halogen. C1-C3 alkyl. C1-C3 alkoxy, nitro, 
amino, hydroxy, and trifluoromethyl 



Miscellaneous (for each claim) 

  DIR  -25  Claiming only a product in claims 1, 2, or 3, e.g., the 
heterocyclic substituted 2-acylamino-5-thiazole compound 

   ANT -25  Claim anticipated by prior art 

   DIR,ICF -25  No claim; product-by-process or Jepson claim format 

   IN OP   -15  Claim defines inoperative invention 

   Sl  -3   Subject matter not within scope of invention (e.g., including 
ester groups in R1 for claim 3).  

   PM   -3   Means or means plus function (per instance) 

   INC  -3  Referencing compound as formula "X" and providing no formula 
in the claim, dangling valance, formula of compound incomplete 

   FAIL REL -2   Failure to interrelate or incorrect interrelation of 
steps, components or materials 

   MD  -2  Misdescription, e.g., formula incorrect regarding a 
substituent.  R1, R4, R5, or Z from reagents, referenced formula missing 
(max. deduction is -2 for each R. Z. etc. not defined).  

   VI  -2  Vague and indefinite 

   NAB, INF  -2  No antecedent basis; inferential claiming 

   RN  -2  Renaming compounds, reagents 

   IMG,IML   -2  Improper Markush Group: Improper Markush language 

   DIR  -2 varies    Failure to follow directions 

                           Page C5, August 1996 
 

   ID  -2  Improper claim dependency, e.g., claim dependent on following 
claim; improper manner of providing for claim to be dependent on another 
claim; independent claim depends on another claim.  

   Dl  -2  Double inclusion 

   WS  -2  Wrong sequence of steps if total method is not inoperative to 
produce product (per pair) 

   GR  -1  Improper grammar (max deduction = 4 points for 4 different 
errors) 

   CF  -1  Multiple sentences; does not begin with capital letter; "I (or 
we) claim..." after claim # 

   SP  -1  Misspelling (max deduction = 4 points for 4 different errors) 

   CN  -1  Claim numbering missing, erroneous number, written number, or 
Roman numerals 

                      Page C6, AUGUST 1996 

               ----  END OF CHEMICAL OPTION  ---

  =====================================================================
                                                                       




                 ---- GENERAL ABBREVIATION KEY ----  
Note,  this is the only page generally published.  It is the one supplied 
with the $15 answer keys from the PTO.  


   ANT   Anticipated claim - claim anticipated by the prior art 

   CN    Claim format error - Does not begin with a capital letter, 
comprise a single sentence, or has errors in the preamble regarding 
placing "I (or we) claim after claim number or referring to wrong 
elements 

   CN    Claim number misnumbered, Improper, or missing - it the 
dependency is Incorrect, use ID Instead 

   Dl    Double Inclusion 

   FAIL REL   Failure to or incorrectly Interconnecting or interrelating 
materials, parts, and/or components 

   DIR   Failure to follow directions - be specific 

   GR    Grammatical or punctuation error (other than CF) 

   ICF   Improper claim format,  ie., Jepson 
 
   ID    Improper dependency (other than CN) 
 
   INF   Inferentially Claimed (not positively claimed) 

   IN OP  inoperative Invention - as to the claim as a whole 

   ILLEG  Claim language is Illegible - no credit if unreadable; must 
confer with everyone before doing such 

   IMG    Improper Markush group 
   
   IML    Improper Markush language 

   INC    Incomplete material, part, component, or method step 

   MC     Missing component 

   MD     Misdescriptive 

   MPEP   Claim language contrary, objectionable, or rejectable for any 
other reason expressed in the MPEP - cite which section of MPEP is being 
applied 

   NAB    No antecedent basis 

   NC     No claim - deduction is total amount for claim 

   NL     Omission of a necessary limitation 

   PM     Using prohibited means or means plus function language - see 
specific discipline sheet for amount of point deduction 

   RN     Renaming components, parts, materials, or procedures 

   SI     Subject maker not within scope of Invention or claiming 
undisclosed subject matter Including, If applicable, undisclosed method 
limitations 

   SP     Spelling error 

   UL     Unnecessary Limitation 

   VI     Vague, unclear or Indefinite language 

   WS     Claiming method limitations in the wrong sequence, but does not 
render claim inoperative 


        END -- GENERAL ABBREVIATIONS.  ALL OPTIONS 

                ----  END OF DOCUMENT ---