[Patentpractice] Rejection Based on Foreign Patent

[cmlaw at jps.net]

When a rejection is made in an OA, does the examiner need to include a.) a
copy of the foreign patent and/or b.) a translation of the foreign patent?
The examiner did neither and relied simply on the figures in the foreign
patent to reject claims under 102 and 103.  Doing a Google translation of
the specification, an argument can be made that the language of the
specification doesn't support the examiner's reference to a purported
feature in the figures.  Accordingly, in responding, will applicant need to
supply a translation and if so, what kind and quality?  

 

Thank you.

 

Craig McLaughlin

Seal Beach, CA

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