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Patent Examiner 12

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PD 40-05--

FACTOR I. Nature and Extent of Performance of Examining Functions:

Incumbent independently performs "Basic" and Advanced" patent examining functions (e.g., the evaluation of special claim constructions, the requirement of restrictions, the recognition and development of probable interferences, the evaluation of the breadth of claims, etc.) with no preliminary instructions from his/her supervisor, and normally with only cursory review.

Incumbent performs "Legal" patent examining functions (e.g., the application of legal precedents, the determination of double-patenting situations, the evaluation of petitions to the Commissioner and affidavits of patentable equivalence, etc.) only after obtaining preliminary instructions from the supervisor. Determinations involving legal questions are subject to close review.

References used to determine whether or not the claimed invention is new and patentable are reviewed, if at all, only upon final rejection of a case. Official Patent Office actions, including all determinations of a non-legal nature, are submitted to the supervisor in final form for approval and do not normally receive close review, except that final rejections and allowances receive close review.

FACTOR II. Contact and Commitment Authority:

Incumbent has no commitment authority. However, the incumbent may participate in interviews with applicant, as part of his/her development, conducted by the supervisor or a higher-graded patent examiner.

FACTOR III. Technological Complexity of Art:

Assignments normally involve responsibility for technological problems which can be solved by the proper application of the fundamental knowledge and techniques of the specialized art.


Factor 1: Level: B: Points: 40

Factor 2: Level: : Points:

Factor 3: Level: : Points:

Total Points: 40

Grade: 12

This position is exempt from coverage under the Fair Labor Standards Act.

(Last Updated: November 4, 1994)

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