问题 多项选择题

一件发明专利申请的权利要求1包含“在反应容器底部中心设置喷嘴,所述喷嘴由金属材料制成”的特征,说明书中记载的对应技术内容为“在反应容器底部中心没置喷嘴,所述喷嘴由铜合金、铝合金或不锈钢制成”。在该申请进入实质审查阶段八个月后发出的第一次审查意见通知书中,审查员指出权利要求1中所记载的“所述喷嘴由金属材料制成”概括了一个较宽的保护范围,因而得不到说明书;的支持。申请人为答复审查意见对申请文件进行的下列哪些修改是允许的

A.删除权利要求1中记载的“所述喷嘴由金属材料制成”这一技术特征

B.将权利要求1修改为“在反应容器底部中心设置喷嘴,所述喷嘴由金属合金制成”

C.将权利要求1修改为“在反应容器底部中心设置喷嘴,所述喷嘴由不锈钢制成”

D.没有对权利要求1进行修改,将记载于原说明书中的另一技术方案补 * * 利要求书中作为与权利要求1并列的独立权利要求,同时在意见陈述书中陈述权利要求1可以得到说明书支持的理由

答案

参考答案:C

解析: 涉及发明专利申请的答复和修改
[详解] 《专利法》第33条:“申请人可以对其专利申请文件进行修改,但是,对发明和实用新型专利申请文件的修改不得超出原说明书和权利要求书记载的范围,对外观设计专利申请文件的修改不得超出原图片或者照片表示的范围。”《专利审查指南》第二部分第八章5.2.1.3答复审查意见通知书时的修改方式:“……当出现下列情况时,即使修改的内容没有超出原说明书和权利要求书记载的范围,也不能被视为是针对通知书指出的缺陷进行的修改,因而不予接受。(1)主动删除独立权利要求中的技术特征,扩大了该权利要求请求保护的范围……(2)主动改变独立权利要求中的技术特征,导致扩大了请求保护的范围……(3)主动将仅在说明书中记载的与原来要求保护的主题缺乏单一性的技术内容作为修改后权利要求的主题……(4)主动增加新的独立权利要求,该独立权利要求限定的技术方案在原权利要求书中未出现过。(5)主动增加新的从属权利要求,该从属权利要求限定的技术方案在原权利要求书中未出现过……”选项A属于第(1)项情形,选项B属于第(2)项情形,选项D属于第(4)项情形,均不选。《专利审查指南》第二部分第八章5.2.2.1对权利要求书的修改:“……(2)变更独立权利要求中的技术特征,以克服原独立权利要求未以说明书为依据、未清楚地限定要求专利保护的范围或者无新颖性或创造性等缺陷。只要变更了技术特征的独立权利要求所述的技术方案未超出原说明书和权利要求书记载的范围,这种修改就应当被允许……”选项C中虽然将“所述喷嘴由金属材料制成”变更为“所述喷嘴由不锈钢制成”,但是这种修改并没有超出原说明书和权利要求书记载的范围,应该选择。

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     Elena jogged with her dad in some empty lots (空地) at the edge of town. These out-of-the-way lots

 were good places to jog. But the lots were full of rocks and rubbish.

     One day, Elena saw a sign on the lots. It said, "New City Park." Elena was excited. Maybe the park

 would have a jogging trail (小道)!

     Elena told her parents about the sign.

     'I read about the park in the newspaper," said Elena's father. "The city wants volunteers to help clean

  the area. Then the city will build a soccer field and a playground."

     "Will they build a jogging trail?" Elena asked.

     "No. the paper didn't mention a jogging trail."

     "Well, perhaps if I help clean up the lots, they'll put in a jogging trail, "said Elena.

     On Saturday Elena went to the lots. Many adults were working there. Some were picking up

 rubbish. Some were moving rocks.

     "I want to volunteer," Elena told a man. "What can I do? ",

     "This is not a job for children," said the man. "You'd better go home. "

     Elena looked around. She could carry rubbish. She could move rocks. A lady was pulling a bag of

 rubbish. Elena saw a box of rubbish bags. She took an empty bag.

     "I'll take this bag to the Dumpster." said Elena. "Here's a new bag."

     "Thanks, "said the lady. "Keep those new bags coming. "

     Elena dragged rubbish bags. She told everyone she was glad to help build the park. She explained that

  she hoped the park would have a jogging trail.

     Elena went to the area every week. Soon everyone knew her and she told everyone how wonderful a

 jogging trail would be.

     Soon the volunteers cleared the lots. The city could start building. The mayor (市长) gave a speech. He

  showed a drawing of the new park. He told them about the soccer field and the baseball diamond. There

  would be picnic tables. There would be a playground. The park would even have basketball courts.

 There was no sign of a jogging trail.

     The mayor thanked the volunteers. Then he asked if they had any suggestions. The volunteers said they

  wanted to build a jogging trail around the park.

     They told the mayor how helpful Elena had been and how she wanted a jogging trail. The mayor said,

  "A jogging trail won't be hard to build. Let's do it!"

     Everyone clapped and cheered. Elena cheered loudest of all.

1. Where did Elena jog with her father at the beginning of the story?

    A.  In a park.

    B.  On a jogging trail.

    C.  In some empty lots.

    D.  In center of the town.              

2. How did Elena feel when she saw the sign on the lots?

    A.  Happy and proud.

    B.  Excited and hopeful.

    C.  Sad and shy.

    D.  Unhappy and disappointed.

3. How did Elena know the city needed volunteers to help clean the lots?

    A.  Her father told her about it.

    B. She read it in the newspaper.

    C. She learned it from a sign.

    D.  She was told by other volunteers.

4. Why did Elena want to help clean the lots?

    A. She wanted to play on the playground.

    B. She wanted her name in the newspaper.

    C.  She wanted to work with other volunteers.                              

    D. She wanted the city to build a jogging trail.

5. What did the volunteers tell the mayor they wanted to build a jogging trail?        

    A.  They needed a park to jog around.

    B. They wanted to thank Elena for her help.          

    C.  They thought it was a good place for jogging.                                                  

    D. They hoped the mayor could jog with them every day.

6. What can be the best title for the story?

    A.  Elena and a Mayor.

    B.  Elena and New City Park.

    C. Elena and Some Volunteers.

    D.  Elena and a Jogging Trail.

多项选择题