CHAPTER THREE - THE EXAMINATION

Old Law: Jurisprudence of Myth (Patent Law Edition)

SATURDAY - INSIDE THE BARRIER

IMMEDIATELY AFTER ATTORNEY BOND FORMATION


Athelia woke to the sensation of drowning.

Not water. Consciousness.

Something vast and ancient pressing against the inside of her skull like it was trying to unfold itself in a space too small to contain it. Her mind—her mind, the one she'd had for twenty-two years—felt like a guest in its own body.

And beneath that, pulsing like a second heartbeat: the bond.

37 CFR § 11.106 Attorney-client privilege - Bond persists even when client is unconscious. Attorney remains connected, aware of client's status.

She could feel him. The wolf. Her attorney. Somewhere close, watching, his concern bleeding through the connection like heat through skin.

"She's waking." A voice. Familiar but wrong—deeper than memory, older than time. "Good. We need her conscious for the next part."

Malachar.

Athelia forced her eyes open. The examination chamber resolved around her—stone walls carved with glowing symbols, the black consuming eye still hovering in the periphery, and there

The wolf. Silver-grey, massive, golden eyes fixed on her with something between devotion and terror.

"What—" Her voice cracked. "What did you do to me?"

"I initiated the consciousness transfer," Malachar said. His presence filled the chamber—not visible, but there, pressing against her awareness like gravity. "The download you received wasn't just knowledge, Athelia. It was HER. The Original Guardian Queen. Her mind, her memories, her authority—uploading into your consciousness like data into a new drive."

35 U.S.C. § 120 Continuation-in-part - Claims priority to parent for supported subject matter. Consciousness transfer = prior inventor's work continuing in new applicant.

The pressure in her skull intensified. Athelia gasped, hands clawing at the stone floor. "Get it out—"

"I can't. The transfer has begun. The only question now is whether your soul can hold the weight."

The wolf whined—high, plaintive. Took a step toward her.

"Stay back, Wolf King," Malachar commanded. "You cannot help her with this. Attorney-client privilege protects the bond, but examination authority is HERS alone. She must prove she can carry it."

37 CFR § 11.101 Competence - Attorney cannot perform examination on client's behalf. Client must demonstrate capability. Attorney can only advise.

"Twenty-three tried before you," Malachar said, voice shifting—less examiner, more executioner. "Twenty-three with perfect genetic matches. One hundred percent Guardian Queen heritage. Every single requirement met."

Something in the chamber changed. The air grew heavier. Colder.

"Their souls shattered during transfer. Human consciousness cannot hold two beings. The framework breaks. The mind fractures. Death follows in seconds."

Prior art § 102(a)(1) - 23 prior attempts = prior art showing invention difficult/impossible. Each failure documented in prosecution history.

The pressure in Athelia's head increased. Not gradually. All at once, like someone had thrown a switch. She screamed—couldn't help it—feeling her consciousness bend under weight it was never designed to carry.

This is the stress test. This is how they died.

"Please—" She couldn't breathe. Couldn't think past the agony of too much self trying to fit into too small a space. "Stop—"

"I can't stop it," Malachar said, and for the first time, she heard something like regret in his voice. "Either your soul holds, or it breaks. There is no middle ground."

The wolf was snarling now—teeth bared, hackles raised, every instinct screaming to protect his client. But he didn't move. Couldn't move. The examination had to proceed.

MPEP § 2143 Obviousness - Person Having Ordinary Skill in the Art (PHOSITA) standard. Guardian Queen examination requires extraordinary capability. Ordinary humans fail.

And then—between one breath and the next—something inside Athelia shifted.

Not breaking. Expanding.

Her consciousness didn't shatter under the weight. It stretched. Like a structure built with reinforced foundation, like a framework designed to hold more than it seemed capable of.

The pressure was still there. Still crushing. But she wasn't breaking.

She was holding.

"Impossible," Malachar whispered. "Unless..."


The pressure released all at once. Athelia collapsed, gasping, feeling like her entire body had been turned inside out and reassembled wrong.

The wolf was there instantly—pressing against her side, warm and solid and real. The bond hummed with his relief, his awe, his absolute certainty: I knew you could. I knew.

"Blood," Malachar commanded. "I need to verify something."

Athelia barely registered the command before pain lanced through her palm. Not a cut—something pulling, like her blood was being drawn through her skin without breaking it. A sphere of crimson liquid formed in the air before her, hovering, spinning slowly.

35 U.S.C. § 115 oath/declaration (implemented by 37 CFR § 1.63) requires inventor identification and verification. DNA testing = biological verification of inventor entitlement.

The black consuming eye shifted—no longer searching for prior art. Analyzing. Breaking down the genetic code like reading a patent specification.

"Guardian Queen genetics," Malachar said. "One hundred percent match to the Original. Perfect hereditary succession."

A pause.

"And something else."

The eye focused. The blood sphere glowed brighter, symbols manifesting in the liquid like words writing themselves in ink.

"Secondary genetic marker. Older than Guardian Queen line. Older than shifter kingdoms. Older than—" Malachar's voice cracked with something that might have been shock. "Keeper blood. You have Keeper blood in your DNA."

New matter in CIP application - Keeper genetics not present in parent application. Adds novel element that makes invention non-obvious and patentable.

"What does that mean?" Athelia managed.

"It means your soul isn't human. Not entirely. Keepers were the first—before gods, before shifters, before the Old Law itself. Their consciousness could span dimensions. Hold multiple realities. Their souls were FRAMEWORKS, not containers."

The wolf's golden eyes were wide. Staring at her like he was seeing her for the first time.

"This is why you survived the stress test. Your soul didn't break because it was never limited to human capacity. The Guardian Queen genetics gave you the right to inherit. The Keeper blood gave you the ABILITY to carry it."

35 U.S.C. § 103 Non-obviousness - Combination of known elements (GQ genetics + Keeper blood) produces unexpected result (survives consciousness transfer). Patentably distinct from prior art.

"The Original Guardian Queen is dying," Malachar said quietly. "I've kept her alive for two hundred forty-seven years. Her body preserved in stasis within this barrier. But my systems are failing. In seventy-two hours, life support will cease. She will die."

Athelia felt it then—the other presence in her mind. Not invasive. Not hostile. Just... there. Exhausted. Ancient. Desperate.

Please. I'm so tired. Let me rest.

"She's been waiting," Athelia whispered. "For someone who could hold her."

"Yes. Her consciousness, her knowledge, her authority—everything that makes a Guardian Queen what she is—must transfer to a new host before her body fails. Otherwise it all dies with her. The examination authority. The Old Law patent system. Everything."

35 U.S.C. § 133 Abandonment - If applicant fails to respond, application abandons. If parent abandons before CIP files, no priority claim possible. Transfer must complete before OGQ dies.

"I initiated the transfer when you crossed the barrier. Uploaded her consciousness alongside the knowledge download. But it wasn't complete—couldn't be, not until I verified your soul could hold it."

"And now?"

"Now we finish."

The pressure returned—but different this time. Not crushing. Merging.

Athelia felt the Original Guardian Queen's consciousness unfold fully inside her mind. Not replacing her. Not destroying her. Integrating. Two beings, one body, weaving together like threads in fabric.

Memories flooded through her:

Standing before the first Wolf King, accepting his application, knowing she would love him

Examining claims that would shape kingdoms, granting patents that would protect innovation for centuries

The betrayal. The Council's coup. Being trapped inside the barrier, kept alive against her will

Watching twenty-three candidates try and fail. Watching their souls shatter. Feeling responsible for every death

And finally: You. The one who can hold me. The one who can let me finally, finally rest.

35 U.S.C. § 120 + 37 CFR § 1.78 - CIP must contain specific reference to parent application. Athelia inherits OGQ's authority, knowledge, and filing date for examination powers (old matter only).

The merging reached completion. Athelia gasped—feeling the Original's presence settle, nestle into her consciousness like it had always belonged there. Not foreign. Not invasive. Part of her now.

And somewhere, in a chamber she couldn't see, a body that had been kept alive for two hundred forty-seven years died.

The life support stopped. The stasis field collapsed. The Original Guardian Queen—the parent application, the first filing, the ancient authority—abandoned.

Leaving only Athelia. The continuation-in-part. Old matter and new, merged into something neither had been alone.

Parent application abandons upon successful transfer. CIP application (Athelia) is now the sole pending application. Claims priority for old matter (GQ authority). New matter (Keeper blood) gets CIP filing date.

Thank you, the Original whispered, fading, finally allowed to rest. Finish what I started. Please.

And then she was gone. Not dead—Athelia could still feel her presence, her memories, her knowledge. But no longer separate. No longer a distinct consciousness.

Just... part of Athelia now. Forever.


"Examination complete," Malachar said, and his voice carried weight that felt like judgment. "You have survived the stress test. Your genetics verify. The consciousness transfer is successful. The parent application has abandoned, leaving you as the sole continuation."

The black consuming eye shifted, symbols rearranging themselves in patterns Athelia could now read—because the Original Guardian Queen had taught her how.

"Your claims:"

"1. Guardian Queen examination authority (old matter - supported by parent)"

"2. Keeper blood soul framework enabling multiple consciousness (new matter - novel, non-obvious)"

"3. Hybrid consciousness capable of examination AND survival (combination - patentably distinct)"

37 CFR § 1.111 Reply to Office Action - Applicant must respond to examiner's analysis. Malachar issuing first Office Action with provisional allowance.

"Prior art: Twenty-three failed candidates. All lacked requisite soul framework. None survived stress testing."

"Conclusion: Your invention is novel under § 102, non-obvious under § 103, and enabled under § 112(a). You have demonstrated reduction to practice."

"Indication of allowability. Notice of Allowance to follow upon completion of formalities."

35 U.S.C. § 151 Notice of Allowance - Examiner indicates claims are allowable. Further prosecution/formalities required before final grant.

Athelia could barely process the words. She was alive. The Original was at rest. The transfer was complete.

The wolf pressed against her, radiating relief and awe through the bond.

"You may leave the barrier now," Malachar said. "Examination will continue—this is not final grant. You'll face challenges. The Council will try to stop you. But you've proven you can survive what they cannot."

"One more thing."

His presence grew heavy. Final.

"Attorney-client privilege protects this bond. Protects what happened here. You will not remember clearly when you wake. Neither will he. The privilege shields the bond formation from conscious recall—to protect you both from those who would destroy this before it fully manifests."

37 CFR § 11.106(b) Confidentiality extends beyond client death to protect attorney work product and privileged communications indefinitely.

"But I just—I need to remember—"

"You'll remember what you need to. Instinct. Certainty. Trust. The bond remains, permanent and protected. But conscious memory of this examination, this transfer, this moment—that stays privileged until the patent grants and the danger passes."

Athelia looked at the wolf—her attorney, her protector, bonded to her soul-deep.

"Will I know you? When I see you again?"

The wolf's golden eyes held hers. And somehow, impossibly, she heard his response:

You'll know me when it matters. I promise.

"Sleep now," Malachar whispered. "Both of you. When you wake, you'll be home. The examination continues. But this part—this dangerous, beautiful, world-changing part—stays protected. Privileged. Safe."

Darkness took her like falling into warm water. The last thing she felt was the wolf's presence through the bond, steady and certain.

I'll find you. I promise. I'll always find you.

Examination concludes. Privilege activated. Both parties will wake with selective amnesia. But bond remains—permanent, protected, waiting.

STATUTORY REFERENCE INDEX (For Study)

Core Patent Statutes Encoded in Chapter 3:

- 35 U.S.C. § 102 - Prior art (23 failed candidates) - 35 U.S.C. § 103 - Non-obviousness (Keeper blood + GQ genetics = unexpected result) - 35 U.S.C. § 115 - Oath/declaration (inventor identification) - 35 U.S.C. § 120 - CIP priority (Athelia inherits OGQ's authority/date for old matter) - 35 U.S.C. § 133 - Abandonment (OGQ dies = parent abandons) - 35 U.S.C. § 151 - Notice of Allowance (indication of allowability) - 37 CFR § 1.63 - Inventor verification (DNA test) - 37 CFR § 1.78 - Claiming benefit (specific reference to parent) - 37 CFR § 11.101 - Competence (attorney can't perform exam for client) - 37 CFR § 11.106 - Confidentiality/privilege (protects bond, causes amnesia)

Key Concepts:

- Continuation-in-Part (CIP) = Old matter (GQ consciousness) + New matter (Keeper blood) - Parent Abandonment = OGQ dies after transfer complete - Specific Reference Requirement = CIP must explicitly reference parent (§ 1.78) - Stress Testing = Examination of enablement/reduction to practice - DNA Verification = Inventor entitlement confirmation (§ 115) - Consciousness Transfer = Prior inventor's work continuing in new applicant - Privilege Protection = Why both parties have amnesia - Indication of Allowability = Initial approval; further prosecution/formalities required


[END CHAPTER THREE - Study Notes: This chapter encodes CIP examination, inventor verification, and parent abandonment. The consciousness transfer IS the patent prosecution.]


FULL STATUTORY TEXT

Referenced Statutes - For Patent Bar Study

35 U.S.C. § 102 - Conditions for Patentability; Novelty

(a) Novelty; Prior Art.—A person shall be entitled to a patent unless—

(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or

(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.

(b) Exceptions.—

(1) Disclosures made 1 year or less before the effective filing date shall not be prior art if the disclosure was made by the inventor or joint inventor.

(d) Patents and Published Applications Effective as Prior Art.—For purposes of determining whether a patent or application for patent is prior art to a claimed invention under subsection (a)(2), such patent or application shall be considered to have been effectively filed, with respect to any subject matter described in the patent or application—

(1) if paragraph (2) does not apply, as of the actual filing date of the patent or the application for patent; or

(2) if the patent or application for patent is entitled to claim a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b), or to claim the benefit of an earlier filing date under section 120, 121, 365(c), 386(c), or 388, based upon 1 or more prior filed applications for patent, as of the filing date of the earliest such application that describes the subject matter.


35 U.S.C. § 103 - Conditions for Patentability; Non-Obvious Subject Matter

A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

(a) EFFECT OF PRIOR ART.—Subject matter developed by another person, which qualifies as prior art only under one or more of subsections (a)(2), (b)(2)(A), or (b)(2)(B) of section 102, shall not preclude patentability under this section where the subject matter and the claimed invention were, at the time the claimed invention was made, owned by the same person or subject to an obligation of assignment to the same person.


35 U.S.C. § 112 - Specification

(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.

(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.


35 U.S.C. § 115 - Inventor's Oath or Declaration

(a) NAMING THE INVENTOR; INVENTOR'S OATH OR DECLARATION.—An application for patent that is filed under section 111(a) or commences the national stage under section 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application. Except as otherwise provided in this section, each individual who is the inventor or a joint inventor of a claimed invention in an application for patent shall execute an oath or declaration in connection with the application.

(b) REQUIRED STATEMENTS.—An oath or declaration under subsection (a) shall contain statements that—

(1) the application was made or was authorized to be made by the affiant or declarant; and

(2) such individual believes himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application.

(h) SUPPLEMENTAL AND CORRECTED STATEMENTS; FILING ADDITIONAL STATEMENTS.—

(1) In general.—Any person making a statement required under this section may withdraw, replace, or otherwise correct the statement at any time.


35 U.S.C. § 120 - Benefit of Earlier Filing Date in the United States

An application for patent for an invention disclosed in the manner provided by section 112(a) (other than the requirement to disclose the best mode) in an application previously filed in the United States, or as provided by section 363 or 385, which names an inventor or joint inventor in the previously filed application shall have the same effect, as to such invention, as though filed on the date of the prior application, if filed before the patenting or abandonment of or termination of proceedings on the first application or on an application similarly entitled to the benefit of the filing date of the first application and if it contains or is amended to contain a specific reference to the earlier filed application.


35 U.S.C. § 133 - Time for Prosecuting Application

Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.


35 U.S.C. § 151 - Issue of Patent

(a) IN GENERAL.—If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter.

(b) EFFECT OF PAYMENT.—Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.


37 CFR § 1.63 - Oath or Declaration

(a) An oath or declaration filed under § 1.63 as a part of a nonprovisional application must:

(1) Be executed (i.e., signed) in accordance with § 1.66 or § 1.68;

(2) Identify each inventor and the country of citizenship of each inventor (see § 1.64 for the contents of an application-specific oath or declaration);

(3) Identify the application to which it is directed;

(4) State that the person making the oath or declaration believes the named inventor or inventors to be the original inventor or inventors of a claimed invention in the application; and

(5) State that the person making the oath or declaration acknowledges the duty to disclose to the Office all information known to the person to be material to patentability as defined in § 1.56.


37 CFR § 1.78 - Claiming Benefit of Earlier Filing Date and Cross-References to Other Applications

(a)(1) Each application claiming the benefit of one or more prior-filed copending nonprovisional applications or international applications designating the United States must contain or be amended to contain a specific reference to each such prior-filed application, identifying it by application number (consisting of the series code and the serial number) or international application number and international filing date and indicating the relationship of the applications.

(a)(2) Unless filed with the application and written in a manner so as to be clearly identifiable as a specific reference required by 35 U.S.C. 120, 121, 365(c), or 386(c), the reference required by paragraph (a)(1) must be submitted during the pendency of the later-filed application. Any request to add or correct a reference must be accompanied by:

(i) The processing fee set forth in § 1.17(i), or

(ii) A statement that the entire delay between the date the specific reference was required to be submitted and the date of the submission of the specific reference was unintentional.


37 CFR § 1.111 - Reply by Applicant or Patent Owner to a Non-Final Office Action

(a) The reply by an applicant or patent owner to a non-final Office action under § 1.104 must be made within the time period provided in § 1.134 for reply. The reply must distinctly and specifically point out the supposed errors in the examiner's action. The applicant or patent owner must reply to every ground of objection and rejection in the Office action (except that a reply to an information requirement under § 1.105 may be deferred until an indication by the Office of its relevance to a pending rejection).


37 CFR § 11.101 - Competence

(a) A practitioner shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

(b) A practitioner may provide representation in a matter in which the practitioner does not have established competence if:

(1) The practitioner associates with a practitioner who is competent in the matter;

(2) The practitioner acquires the necessary competence through reasonable study and preparation;

(3) In an emergency, the practitioner is able to provide such assistance as may be required under the circumstances; or

(4) A tribunal or other entity having jurisdiction over the matter permits the practitioner to practice before it.


37 CFR § 11.106 - Confidentiality of Information

(a) A practitioner shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b) of this section.

(b) A practitioner may reveal information relating to the representation of a client to the extent the practitioner reasonably believes necessary:

(1) To prevent reasonably certain death or substantial bodily harm;

(2) To prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the practitioner's services;

(3) To prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the practitioner's services;

(4) To secure legal advice about the practitioner's compliance with these Rules;

(5) To establish a claim or defense on behalf of the practitioner in a controversy between the practitioner and the client, to establish a defense to a criminal charge or civil claim against the practitioner based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the practitioner's representation of the client; or

(6) To comply with other law or a court order.

(c) A practitioner shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.


MPEP § 2143 - Examples of Obviousness

The question of obviousness is resolved on the basis of underlying factual determinations including (1) the scope and content of the prior art, (2) any differences between the claimed invention and the prior art, (3) the level of skill in the art, and (4) objective evidence of nonobviousness. Graham v. John Deere Co., 383 U.S. 1, 17-18 (1966).

To establish a prima facie case of obviousness, three basic criteria must be met:

(1) there must be some suggestion or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings;

(2) there must be a reasonable expectation of success; and

(3) the prior art reference (or references when combined) must teach or suggest all the claim limitations.

END FULL STATUTORY TEXT

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