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Re: myunderstanding post# 17725

Wednesday, 10/08/2014 8:01:29 AM

Wednesday, October 08, 2014 8:01:29 AM

Post# of 46497
not so fast gents...

I see the error in the transmittal sheet but taking the devils advocate where is the specifications sheet..? as per regulations at that time...

1. Under the old rules:
The 1996 version of the regulation requires reference to a “prior provisional application” “in the first sentence of the specification following the title.” 37 C.F.R. § 1.78(a)(4) (1996).

The specifications sheet is what we need a copy of to verify this was only a clerical error. If a clerical error that most likely "repairable by the court" If not, then ATVI has a valid argument, that the regulation wasn't followed with respect to the filling of the first patent.
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