Protest

46. Which of the following statements does not accord with proper USPTO practice and procedure?

(A) A protest may be filed by an attorney or other representative on behalf of an unnamed principal.

(B) Information which may be relied on in a protest includes information indicating violation of

the duty of disclosure under 37 CFR 1.56.

(C) While a protest must be complete and contain a copy of every document relied on by the protestor,

a protest without copies of prior art documents will not necessarily be ignored.

(D) A protest must be submitted prior to the date the application was published or the mailing of

a notice of allowance, whichever occurs later, provided the application is pending.

(E) Since a protestor is not authorized to participate in the prosecution of a pending application,

the examiner must not communicate in any manner with the protestor.

46. ANSWER: (D) is the best answer. MPEP § 1901.04. (A) is a true statement. MPEP § 1901.01.

(B) is a true statement. MPEP § 1901.02, paragraph (G). (C) is a true statement. MPEP § 1901.03.

(E) is a true statement. MPEP § 1907.