Claims 1-28 are rejected as based on inoperable structure in the
absence of a demonstration.
Claims 1-28 are further rejected on the allowed claims in applicant’s
co-pending S.N. 162,465, directed to the cabbagite crystal. Since it
is known that cabbagite rearranges matter (30₂→20₃) it
would be obvious to attach it to the well-known diving suit of Browne
to obtain applicant’s result.
No claim is allowed.
Examiner.
“See?” said Spardleton, his features dark, “Just as I thought. _He’s
using our own application against us._”
We were quiet for a moment.
“There’s another matter,” said Spardleton. “Marchare says the
Department of Defense has been dickering with him for rights under
his diving suit application. I told him to stall them until he gets
an allowance. If he can’t get a patent, the government can award
manufacturing rights to anyone and not have to pay Marchare a nickel.
“Actually, they prefer a license under a patent: It avoids any chance
of suits in the U. S. Court of Claims by twenty or more halfbaked
inventors who think Defense stole the idea from them. So time is of the
essence.”
I said, “If I could demonstrate a suit to Krome, I’m sure he’d allow
the case immediately. But I don’t think the suit has been completed
yet. Have you heard from Marchare?”
“I phoned him about it a couple of weeks ago,” said Spardleton. “He
told me it wasn’t _quite_ ready. When I asked him to be specific he
mumbled something about bugs in the control system.” Spardleton studied
me thoughtfully.
“I can at least _show_ the suit to Krome,” I said uneasily.
“I think it’ll take more than that,” Spardleton said.
“Maybe I could fill it with rocks and let it down into the ground on a
rope,” I suggested brightly.
“Krome won’t buy that.” Spardleton frowned and seemed lost in thought
for a moment. “Still, if I know Krome as well as I think I do it
may work out all right. You’d better arrange for an interview this
afternoon, and then run out and get the suit--_as is_. Marchare said
you could have it anytime.”
As I left to take care of things, a slow introspective smile was
spreading over Spardleton’s face.
Each patent lawyer must develop his own technique for interviewing
Examiners. Some shout and rave and rant. But that is foolhardy. One
slip, and the show is over. Others play dumb and act as if they haven’t
the slightest idea what the score is. That encourages the Examiner to
talk himself out on a limb. Still others employ the yakety-yak system
wherein they never give the Examiner a chance to open his mouth.
It is a subterfuge which is only used by those who don’t dare meet
the Examiner in fair and open combat. Others use the buddy-to-buddy
approach in which the attorney manages to convince the Examiner that he
and the Examiner--and especially the Examiner--are the only two people
in the whole world who really understand patents.
After due consideration I had decided to use an absolutely unique
approach, one never thought of before.