2007 ExamWare® Frequently Asked Questions

Software Updates and Content Corrections

How can I tell what version of 2007 ExamWare I am running?

Launch the ExamWare program. Then, from the Help menu, select About. Alternatively, if you installed ExamWare from a CD-ROM, the version is printed in small numbers at the bottom of the disc.

Are there any content corrections for 2007 ExamWare?

As you are studying, please note the following content corrections, based on your 2007 ExamWare version. To view Chapter and Question numbers in ExamWare, select Show Patent Practice Question Number in the Preferences menu.

Version 3.9.1:

• Chapter 6, Question 26: [publisher change] Question should be reserved (i.e., question is deleted).
• Chapter 11, Question 4: [publisher change] Question should be reserved (i.e., question is deleted).
• Chapter 15, Question 146: [publisher change] Question should be reserved (i.e., question is deleted).
• Chapter 21, Question 26: [publisher change] Question should be reserved (i.e., question is deleted).
• Chapter 24, Question 40: [publisher update] Answer choice (E) should be: "Both (A) and (B) are correct." Correct answer and explanatory text should be:

  The answer is (E), which is the most correct answer, while (D) is not the most correct because both (A) and (B) are correct. See MPEP §715.05, which in pertinent part states:

  When the reference in question is a noncommonly owned U.S. patent or patent application publication claiming the same invention as applicant and its publication date is less than 1 year prior to the presentation of claims to that invention in the application being examined, applicant's remedy, if any, must be by way of 37 CFR 41.202 instead of 37 CFR 1.131. If the reference is claiming the same invention as the application and its publication date is less than 1 year prior to the presentation of claims to that invention in the application, … [t]he reference can then be overcome only by way of interference. … The expression "prior to one year from the date on which the patent was granted" in 35 U.S.C. 135(b) includes the one-year anniversary date of the issuance of a patent.

  (C) is not correct. See MPEP § 715.05, which, in pertinent part, states:

  If the reference ... claims the same invention as the application and its issue date is more than 1 year prior to the presentation of claims to that invention in the application, a rejection of the claims of the application under 35 U.S.C. 135(b)(1) should be made. See In re McGrew, 120 F.3d 1236, 1238, 43 USPQ2d 1632, 1635 (Fed. Cir. 1997) (The court holding that application of 35 U.S.C. 135(b) is not limited to inter partes interference proceedings, but may be used as a basis for ex parte rejections.).

• Chapter 25, Question 9: [publisher change] Correct answer and explanatory text should be: "(A) Yes. 37 CFR 11.10(b)(2)."
• Chapter 25, Question 84: [authority update] Explanatory answer text should be:

  (D) is the correct answer. 37 CFR §1.105(a); MPEP §704.11(a). (A) is specifically stated as an example in 37 CFR §1.105(a)(1)(v). (B) and (C) are given as examples in MPEP §704.11(a), where the Office may require the submission of information. (E) is incorrect because (D) is correct.

• Although the explanatory answers for the following questions are correct, the software will not properly score the correct answer:
  • Chapter 9, Question 170: [erratum] Correct answer choice should be scored as (A).
  • Chapter 10, Question 18: [erratum] Correct answer choice should be scored as (E).
  • Chapter 11, Question 138: [erratum] Correct answer choice should be scored as (E).
  • Chapter 18, Question 95: [erratum] Correct answer choice should be scored as (D).
  • Chapter 20, Question 40: [erratum] Correct answer choice should be scored as (A).

Version 3.9.1, 3.9.2, or 3.9.3:

• Chapter 3, Question 66: [publisher change] In answer choices (C) and (E), change "275 degrees F to 295 degrees F" to "275 degrees F or 295 degrees F".
• Chapter 4, Question 158: [erratum] In question text, first sentence of second paragraph should be: "On June 4, 2001, Block receives an Office action dated June 2, 2001 from the primary examiner."
• Chapter 8, Question 20: [authority update] See revised question and answer.
• Chapter 9, Question 87: [authority update] See revised question and answer.
• Chapter 14, Question 10a: [publisher change] Question should be reserved (i.e., question is deleted).
• Chapter 14, Question 23: [publisher change] Question should be reserved (i.e., question is deleted).
• Chapter 15, Question 5: [authority update] Correct answer and explanatory text should be: "(A) Yes. Applicant has 2 months from the date of filing the notice of appeal to file an appeal brief. Rule 41.37(a); MPEP 1205.01."
• Chapter 15, Question 146: [publisher change] Question should be reserved (i.e., question is deleted).
• Chapter 18, Question 54: [authority update] See revised question and answer.
• Chapter 18, Question 70: [authority update] See revised question and answer.
• Chapter 20, Question 4: [publisher change] Question should be reserved (i.e., question is deleted).
• Chapter 24, Question 37: [erratum] In question text, "issuance of the XYZ patent" should be "filing of the XYZ patent".

All Versions (3.9.1 to 3.9.5):

• Chapter 3, Question 56: [erratum] In answer text, change "volts" and "volt" to "amperes".
• Chapter 3, Question 77: [publisher change] In question text, delete the word "essentially". Explanatory answer text should be:

  (E) "None of the above" is correct because (A), (B), (C), and (D) are wrong. (A) is wrong because claim 1 is directed to a ship propeller, whereas (A) recites a claim which purports to be dependent upon claim 1 but involves a non sequitur, i.e., it is directed to a copper base alloy rather than a ship propeller. Therefore, the dependent claim is indefinite and violates 35 USC §112, paragraph 2.

  (B) is wrong because claim 1 is directed to a product, i.e., a ship propeller, whereas (B) recites a claim which purports to be dependent upon claim 1, but involves a process step. Therefore, the claim is directed to more than one statutory class of invention and violates 35 USC §112, paragraph 2. While a claim to a product may be permissible when defining the claimed product in terms of the process by which it is made or in terms of the process by which it is intended to be used (MPEP §2173.05(p)), the situation presented here is different and not permissible.

  (C) and (D) are wrong because each is a dependent claim adding an element (2 to 10 percent of aluminum) which has been excluded by the term "consisting of" in claim 1.  Thus, as stated in MPEP 2111.03, "A claim which depends from a claim which consists of the recited elements or steps cannot add an element or step."  (D) recites a claim which violates this caveat.  (A) and (B) are also improper for this additional reason.

• Chapter 9, Question 123: [erratum] Both answer choices (C) and (D) should be scored as correct.
• Chapter 19, Question 4: [publisher change] In question text, change "X Co. A" to "X Co., A" and change "for patent" to "for patents". Explanatory answer text should be:

  (A) is the correct answer. A’s refusal was proper. However, X Co. may file a patent application with an oath or declaration executed by an officer of X Co., pursuant to 37 CFR §1.47(b). A will be treated as being unavailable to sign the oath or declaration. MPEP §409.

• Chapter 22, Question 78: [publisher change] In answer choice (C), change "enter" to "not enter".

I am studying using Patent Practice, Eighth Edition, Release No. 2 (2006). Does this release correspond to 2007 ExamWare?

Yes, this release generally corresponds to 2007 ExamWare, but please note the following:

• PRG has renumbered the "Official PTO Question & Answers--AIPA" appearing at the end of the questions for Chapters 6, 7, 17, 22, and 26, but ExamWare Version 3.9.1 shows the original AIPA questions numbers.
• PRG has consolidated several Patent Practice volumes. Accordingly, any references to Patent Practice Volumes 7 and 8 in your 2007 ExamWare manual and help file should now refer to the Questions and Answers Volumes (with no volume number).

Software Installation 

What versions of the Microsoft Windows® operating system can ExamWare run on?

2007 ExamWare can run on Microsoft Windows® 98, Me, 2000, or XP operating systems. While ExamWare can often be used, non-U.S. versions of Windows are not supported. For complete system requirements, please see your User's Manual.

Can ExamWare run on Windows® Vista®?

2007 ExamWare was developed and released prior to Windows Vista, so it is not officially supported under this operating system. With that said, we have users who are successfully running 2007 ExamWare on Vista, and we have confirmed its basic functionality on several test systems.

When installing on Vista, however, make sure you have not turned off the User Access Control (UAC). If you already installed ExamWare with the UAC disabled, please re-install as follows:

• Un-install 2007 ExamWare using Programs and Features in the Control Panel.
• Under User Accounts in the Control Panel, turn ON User Access Control for your account.
• Restart your computer, re-install 2007 ExamWare, and try to run it.

Under Windows XP, how do I install the program for a "Limited account" user?

To properly set permissions for the ExamWare program and data files, use the following procedure:

• First, elevate the "Limited account" user to an Administrator account. Then, log in under that account and install ExamWare. After installation is complete, run ExamWare and activate it.
• Remove Administrator privileges from the user account.

Note: If you have already installed ExamWare using a different procedure, you should first remove it using the Add/Remove Programs utility, then re-install as described above.

How do I uninstall the program?

To uninstall ExamWare, use the Windows Add/Remove Programs utility. To access this utility, click Start, then Settings, then Control Panel, then Add/Remove Programs. Select Professor Kayton's ExamWare(R) from the program list, then click the Add/Remove button. You will be prompted with removal options.

Can I install the software on more than one computer?

As detailed in the License Agreement, you may install the software on up to two computers exclusively for your personal use. Only one copy of the program, however, may be running at one time. You must activate the software for each installation, and the activation system will restrict the number of installations. Expiration time runs from the first installation.

 Program Operation and Features

Can I browse a legal authority where there is no hyperlink in an answer?

Yes. Under the Preferences menu, select Show Authority Locator. A small panel will then appear on the top of the authority tab allowing you to browse available authority in Title 37 of the Code of Federal Regulations, Title 35 of the United States Code, the Manual of Patent Examining Procedure, and the Patent Cooperation Treaty. Additionally, you may browse and search legal authorities by launching the PDF-format Manual of Patent Examining Procedure (MPEP).

What if a question keeps repeating itself while in Q and A Mode when I click New Question?

If a question repeats itself, it means that you have exhausted all other questions in the selected chapters by answering them correctly. The database works such that skipped and incorrect questions are recycled. Once they are answered correctly, they are no longer in queue, and only those with incorrect answers will appear. This is more likely to occur when you have selected one or a few short chapters. To resolve this, simply work on the question until it is answered correctly or reset the database.

Do I need to keep the CD-ROM in the drive in order to run the program?

No, you do not need the CD-ROM to run the program once it has been installed.

What if I exit the program—how does that affect the questions presented to me?

If you exit the program, there will not be any important impact on the order of the questions, since the database retains all information on what questions you have answered correctly. In Simulated Exam mode, if you exit before grading, you will be given the option of restarting the exam the next time you enter Simulated Exam mode.

Since I upgraded to Adobe® Reader® 8, I cannot launch MPEP files directly from ExamWare. How can I resolve this?

There is a known issue in Adobe Reader 8 (AcroRd32.exe) on Windows XP where some externally launched pdf files will cause Adobe Reader to hang while consuming large amounts of CPU resources. We suggest you either:

• downgrade to Adobe Reader 7.0.9 (available here);
• create a shortcut to the MPEP folder (typically "C:\Program Files\ExamWare\mpep") to launch the pdf files directly in Windows; or
• contact us for instructions to download an ExamWare patch providing a work-around for this issue.

Legal Authority / Question Database

Does the software include questions from the optional paper Q&A volumes of the Patent Practice treatise? Are the questions modified?

The software includes nearly all questions from the optional paper Q&A volumes. Some questions are modified to put them in an objective form with a single correct answer, and some nonobjective questions are excluded. To assist those who purchased the optional paper Q&A volumes, the corresponding chapter and question numbers are optionally displayed at the beginning of each Question tab.

How long should it take me to complete all of the questions in this program?

Based on the past USPTO time allotment per question, the entire question database would take over 100 hours to complete. However, if you follow Professor Kayton’s exam-taking techniques, you should be able to answer each question in half that time, on average.

How is the real exam actually scored?

Recent Patent Bar Examinations were scored on a straight scale and not curved. You typically need to answer 70% of the questions correctly in order to pass.

 Technical Support

How can I contact technical support?

If you do not find the assistance you need using the User's Manual or this web page, your questions can be answered via e-mail. Send e-mail to Support@CeresLegal.com. Please include the PRG course registrant name, your Product Key, and a detailed description of your issue or question.