قراءة كتاب The Professional Approach
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alternate materials and procedures that Callahan and I had dreamed up. I prepared a final draft containing twenty-three pages of detailed specification and eleven examples and topped it all off with forty-six claims. It was a magnificent application, considering what I had to start with. I handed it to Mr. Spardleton and sat down to hear what he had to say about it.
I watched him out of the corner of my eye as he read it, and I had the pleasure of seeing his cigar slowly swing outward until the glowing end was almost beneath one of his ears. This, I knew, was his Amazed Position, and it was rare indeed that I or anyone else ever saw it. Mr. Spardleton was a man who does not amaze easily.
He finished and looked up at me and said, "I assume this is the same invention you told me about last month?" When I nodded he continued, "And I further assume that you have no experimental data in addition to that you described last month?" Again I nodded, and he said, "All of this is paperwork with the exception of Example I?" I nodded again, and he put the draft down in front of him and stared at it.
I began to grow uncomfortable in the silence. Then he said, so softly that I could hardly hear him, "I remember, many, many years ago, answering the phone, Cliff Norbright—great chemist—telling me he had smelled phenol when he heated ethylene chlorohydrin in the presence of holmium-treated silica gel in a test tube. I wrote the greatest patent application of the age based on that evidence. Just like this one." He laid a hand on it, and shook his head, and smiled.
"There is no crude guesswork on this product," I said. "The work has been duplicated, and I've seen many specimens of this paper. I tell you, sir, there never has been anything like it. Why, even Callahan ..."
"Yes, tell me about Dr. Callahan. He is usually a pretty conservative fellow. How does he feel about this completely untried product?"
I sat up straighter. "This is not an untried product, Mr. Spardleton. It has been made and duplicated. It has all the properties that the application says it has. And Dr. Callahan has just as much faith in it as I have."
Mr. Spardleton looked at me, and smiled, and slowly handed over the draft. "Mr. Saddle, I wish you all the best in your prosecution of this case. Please call on me if there is anything I can do to help. In any way, don't hesitate to call on me."
I stood up and took the draft and turned to go, but Mr. Spardleton thrust his hand out. I shook it and said, "Is anything wrong with it?"
"Not that I am able to see, Mr. Saddle. It is a most remarkable job, and bespeaks of ingenuity, resourcefulness, and skill. You have come a long way to be able to write such an application."
I didn't know what to say, so I smiled and bobbed my head and walked out still looking at him and smiling, which made it necessary for me to walk sideways, and thus made me look, I suppose, somewhat like a crab.
Susan put the case in final form. We sent the papers to California for Callahan's signature, then we filed the case, and things got back to normal with me. It was a great relief not to have the strain on me night and day. That's the trouble with an important case. You live with it too much.
It was seven months before I got the first Office Action in the Case. I read the first few paragraphs and they were quite normal. They rejected the Case in the usual manner by citing prior patents that had nothing to do with my application. This kind of thing was just part of the game of prosecution in which the Patent Examiner makes rejections because that is what he is supposed to do no matter what the invention; they don't have to make much sense. But then came a paragraph that went way beyond good sense and proper rejection technique. It said:
The specification is objected to as containing large portions that are merely laudatory. See Ex parte Grieg, 181 OG 266, and Ex parte Wellington 113 OG 2218. These portions are superfluous and should be deleted, Ex parte Ball, 1902 CD 326. The specification is unnecessarily prolix throughout and contains an unduly large number of embodiments, Ex parte Blakemen, 98 OG 791. Shortening is required.
I didn't wait. I grabbed the file of the Case and almost ran over to the Patent Office to straighten out the Examiner on a few things. As usual, Herbert Krome was the Examiner, so I charged up to his desk and immediately began explaining to him the importance of the Tearproof Paper Case. He seemed to pay no attention to me, but I knew him; he was listening. When I finally paused to let him say something, he looked at me quizzically and said, "Mr. Saddle, aren't you aware of the Notice of October 11, 1955?"
I looked at him blankly and said, "What's that?"
"It says that interviews with Examiners are not to be held on Fridays except in exceptional circumstances."
I gulped and said, "Is today Friday?"
He pushed his desk calendar toward me. It was Friday all right, and the thirteenth at that. I was too embarrassed to speak, and I got up and began to walk out. Mr. Krome called after me. "This must be an important case, Mr. Saddle. I'll expect to see you the first thing Monday." I nodded, and left.
By Monday, my embarrassment had not diminished. I had really done an unheard-of thing in patent prosecution. In patent prosecution, the patent attorney has six months to respond to an Office Action. Since attorneys carry a docket of cases adapted to fill all their time, an attorney in most instances requires the full six months to respond to an outstanding Office Action. Industrious attorneys with relatively light dockets might respond in five months' time. This may also happen when the attorney is trying to get a little ahead so he can go on a vacation. There are rare instances of record when an attorney had taken some action in three or four months. But here, in the Tearproof Paper Case, I had actually gone for an interview on the very first day. I couldn't possibly go back on the following Monday; my pride would not allow me. I waited until Tuesday.
By that time I had gone over the entire rejection and planned my complete response to the Examiner. I sat down with Mr. Krome on Tuesday morning and talked steadily for fifteen minutes before I realized he was watching me instead of paying attention to the case. I said, "What's the matter."
He said wonderingly, "I've never seen you like this before. You are acting almost as unreasonably as an inventor. You don't even want to hear what I have to say about this case. You should relax, Mr. Saddle. You are here as an advocate, not as a midwife."
"I don't think that's very funny, Mr. Krome," I proceeded to explain the high merit of the case, and he seemed to listen then. Before I left he promised to give the case careful consideration. This was all he ever promised, so I thanked him and went back to my office. I filed my amendment in the case the next day. It was eight months before I got the next Office Action.
Callahan returned in six months and immediately opened a project on the Tearproof Paper. The two of us sat down together to determine the best way to handle the research.
I said, "Henry, we have already drawn up a complete research program. All we have to do is follow it."
"We have?" Callahan was surprised.
"Sure." And I laid out in front of him a copy of our patent application, and riffled through its pages. "All we have to do is go through all the examples here to make certain they all work. If they do, the program will be complete, except for the product itself and commercial production. Our patent application will make the best research guide we could get."
"Why certainly," said Callahan. "We have already spent a great deal of time working out all kinds of substitute and equivalent reactions. It's all here. Good. I'll set it up."
Callahan began distributing the work to various groups, and I went back to my office. Every Friday afternoon thereafter I went out to the